HomeMy WebLinkAbout2018-04-12MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 12, 2018
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Jonathan convened the meeting at 3:01 p.m.
II. ROLL CALL
Present:
Councilmember Jan C. Harnik
Councilmember Kathleen Kelly
Councilmember Gina Nestande
Mayor Pro Tem Susan Marie Weber
Mayor Sabby Jonathan
Also Present:
Lauri Aylaian, City Manager
Robert W. Hargreaves, City Attorney
Rachelle D. Klassen, City Clerk
Lori Carney, Director of Administrative Services
Russell Grance, Director of Building & Safety
Ryan Stendell, Director of Community Development
Martin Alvarez, Director of Economic Development
Janet M. Moore, Director of Finance/City Treasurer
Tim Jonasson, Interim Director of Public Works
Stephen Y. Aryan, Risk Manager
Jorge Rodriguez, Battalion Chief, Riverside County Fire Department/Cal Fire
Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Rocha, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2018
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
With City Council concurrence, Mayor Jonathan adjourned the meeting to Closed
Session of the City Council at 3:02 p.m. He reconvened the meeting at 4:02 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 - Councilmember Jan C. Harnik ONO
VII. INVOCATION - Mayor Sabby Jonathan
VIII. AWARDS AND PRESENTATIONS
A. PRESENTATION TO RECOGNIZE EXEMPLARY WORK OF THE
LIFEGUARD STAFF AT THE PALM DESERT AQUATIC CENTER.
On behalf of the City Council, Mayor Jonathan presented Certificates of
Appreciation to Alvaro Lopez, Drew Nielsen, William Wallace, Danielle
Espinoza, and David Keys in recognition of their emergency response and
service to the community.
B. PRESENTATION OF PROCLAMATION DECLARING THURSDAY,
APRIL 12, 2018, AS "CHILD ABUSE PREVENTION DAY" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Jonathan presented a proclamation to
representatives from Olive Crest, Development Director Walter Mueller,
Board Trustee President Rob Zwemmer, and Development Manager Angela
Allen.
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Ms. Allen noted most of their staff was present in the audience, stating they
are the people who go out into the field to help children and families.
Mr. Mueller stated they recently relocated their operations to Palm Desert on
Cook Street, and he left packets of information for each Councilmember to
review the types of services they provide to the community. In the packet
there is a label pin to be worn during the month of April in recognition of
"Child Abuse Prevention Day." He added they have nearly 10,000 cases
called into Child Protective Services every year, and of those, less than 9%
receive treatment. He said there was a big disparity in what's happening out
there and what they are able to do, but Olive Crest is dedicated to increasing
their services and are committed to the work. In fact, they have grown over
300% in the last five years. He thanked the City Council for the opportunity
to speak this evening.
Mayor Jonathan said Council was glad they were in Palm Desert.
C. PRESENTATION OF PROCLAMATION DECLARING FRIDAY, MAY 18,
2018, AS "HARVEY MILK DAY" IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Jonathan presented the proclamation
to Ms. Suzanne Severin with the Harvey Milk Diversity Breakfast Coalition.
Ms. Severin thanked the City Council and the City for promoting equality and
human rights. She went on to say they hold a Valley -wide event every year
and it's well -attended. It's an emotional and inspiring event that will be held
on May 18, 2018, at the Palm Springs Convention Center.
Mayor Jonathan commented that one of the things you get to see when you
attend Palm Desert City Council meetings, are the moving parts that make
the community so special, which he believed was illustrated this evening.
IX. ORAL COMMUNICATIONS - B
None
X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE
COMMUNITY
A. Councilmember Jan C. Harnik Committee Reports and General Comments.
1. Kim Nicol Trail - announced the opening of a new hiking trail loop that
is 5.6 miles in unincorporated Desert Edge.
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2. Cruise Night El Paseo - reported that the last Cruise Night had just
occurred, and if you missed it, she recommended attending it next
year starting in November, because it has turned into a great event.
3. Senior Inspiration Awards Ceremony - announced that on April 20,
2018, seniors who volunteer hundreds of hours to the community are
being celebrated. The event will be held at the J.W. Marriott.
4. Dedication of the Robert A. Spiegel Community Gardens - announced
the community gardens were recently dedicated to former
Councilmember Robert A. Spiegel, adding that Mayor Pro Tem Weber
did a great job in presiding over that ceremony. She said Mr. Spiegel
was a long -running Councilmember and served as mayor several
times. She said it was Mr. Spiegel who brought the idea of having
community gardens in the City, and very often there is a waiting list for
them; they are a wonderful asset.
B. Councilmember Kathleen Kelly. Committee Reports and General Comments.
1. Joslyn Center 9`h Annual Runway Show - shared that several
Councilmembers attended this event, and one of the reports received
there was quite compelling. It was about a senior who had become
quite isolated because of concerns about mobility and insecurities
about moving without falling. As a result of exercise programs at the
Joslyn Center designed to address that concern, this person is now
able to be active and participate in other activities. It's truly important
to the mental health as one ages to try to preserve mobility. She
asked everyone to keep those programs in mind, and be alert to
people in the community who might benefit from them. Additionally,
the City appoints a representative to the Joslyn Center and that
liaison position is currently vacant. If anyone is interested in
participating in a way that really has impact, please contact the City
Clerk's office for possibly filling that spot.
C. Councilmember Gina Nestande Committee Reports and General Comments.
None
D. Mayor Pro Tem Susan Marie Weber Meeting Summaries Report for the
Period of March 12-25, 2018.
With City Council concurrence, the Meeting Summaries Report was received and
filed.
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1 VFW (Veterans of Foreign Wars) Post 3699 - attended the 80th
Anniversary Awards Dinner. She said this was a yearly function, and
if you ever want to be uplifted or patriotically enthused, place it on
your calendar for next year. She noted that one of the award winners
will be coming to a future City Council meeting to read his speech.
E. Mayor Sabbv Jonathan Committee Reports and General Comments.
1. Coachella Valley Rescue Mission - attended the Spring Graduation
for CV Rescue Mission, which is one of many amazing organizations
in the Coachella Valley that addresses a variety of issues, including
homelessness. Again, if you ever want to be inspired, you can attend
one of those graduations. The good news is that everyday lives of
homeless people being transformed. They are taken off the street
into meaningful, productive, and fulfilling lives. Along those same
lines, the City just received the preliminary report for the Point in Time
Homeless Count. It's a physical count that takes place in January
where volunteers and professionals go out into the community and
count homeless individuals. It's not scientifically accurate, but it does
provide a trend. The trend is good, because in 2018 there was a 4%
decrease in homelessness in Riverside County compared to the year
before. However, in the rest of the Coachella Valley there are mixed
results, because in Palm Desert there was a significant increase. The
City went from 28 to 43 homeless individuals, which represented a
54% increase. Again, it doesn't mean that it actually happened, and
it's interesting, because the year before it was inclement, which
means it was harder to find homeless people, harder to count, and
some of the volunteers weren't able to go out to count. It's not an
accurate count, but the City did follow the trend.
2. Fashion Week El Paseo and The Art of Food & Wine Events -
reported that the events appeared to be very successful, and
assumed Council will soon receive a detailed report on the results and
outcome.
F City Council Requests for Action.
1. Portola Community Center - Mayor Jonathan reported he and the City
Manager attended the 2 x 2 meeting with representatives from the
Desert Recreation District about the Portola Community Center and
other issues. He believed it was time for a staff report that addresses
the financial operations, current usage, and alternative uses. For
example, at least for part of the day or during the week, it can provide
child care, which the Desert Recreation District does for Washington
Charter School, stating the kids are bused to the facility. He
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2018
reiterated it was time for staff to take a comprehensive look at the
Portola Community Center with a report and recommendation.
Ms. Aylaian responded staff will be able to provide cost information as
far as revenue that is generated from leases and from use of the
community space, and a list of the users. She said staff can do it in
concert with the upcoming budget study sessions. As far as a
comprehensive look at alternatives, it would take longer, and it was
not one of the objectives identified for this year.
Mayor Jonathan said he wanted to go beyond the numbers and really
look at this asset and see if its functioning in a way that maximizes its
potential.
Ms. Aylaian agreed it was an appropriate issue to study, stating it was
just a matter of working it in.
G. City Council Consideration of Travel Requests/Reports.
None
XI. STAFF REPORTS AND REMARKS
A. City Manager
1. City Manager's Meeting Summaries Report for the Period of
March 12-30, 2018.
With City Council concurrence, the City Manager's Meeting Summaries Report was
received and filed.
2. Public Events:
A. Coachella Festivals - said this was the first of three weekends
of Coachella Fest. As a result of the conversations with the
community on short-term rentals this past fall, the City has
established a new Short -Term Rental Hotline and the number
can be found on the City's website. The information has also
gone out through the City's BrightSide Newsletter and the In -
Touch and Next Door Apps. She urged the public to use the
hotline, because it allows staff to respond promptly and to
catalogue complaints associated with short-term rentals.
B. Budweiser Clydesdales - announced that the Clydesdales
were coming to El Paseo on April 25, 2018, from 2:00 -
4:00 p.m. They will be on Highway 74 at Monterey and El
Paseo. It's an amazing event for families. If you arrive early,
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you can watch the Clydesdales being unloaded from their
special trailers and getting groomed. Also, it's a better petting
opportunity.
B. City Attorney
None
C. City Clerk
1. Announcement of Upcoming City Council Study Sessions for the
Fiscal Year 2018-2019 Budget.
a) Tuesday, April 24, 2018 - 10:00 a.m., Administrative Conference
Room.
b) Tuesday, May 1, 2018 - 10:00 a.m., Administrative Conference
Room.
Ms. Klassen noted the study sessions, adding there was a possibility of a
third study session if needed, which is tentatively scheduled for May 7, 2018,
at 9:00 a.m.
D. Public Safety
1. Fire Department
None
2. Police Department
None
XII. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of March 22, 2018.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Dated
3/9/2018.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrants Dated 3/16/2018, 3/23/2018, and 3/30/2018 (Joint Consideration
with the Palm Desert Housing Authority).
Rec: Approve as presented.
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D. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art In Public Places Commission Meeting of February 14, 2018.
2. Audit, Investment & Finance Committee Meeting of January 23, 2018.
3. Citizens' Sustainability Committee Meeting of August 21, 2017.
4. Library Promotion Committee Meeting of October 18, 2017.
5. Public Safety Commission Meeting of October 11, 2017.
Rec: Receive and file.
E. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of December 2017, January 2018, and February 2018 (Joint Consideration
with the Successor Agency to the Palm Desert Redevelopment Agency).
Rec: Receive and file.
F REQUEST FOR AWARD OF PURCHASE of Civic Center CalSense
Irrigation Supplies to SiteOne Landscape Supply in the Amount of
$35,737.66.
Rec: By Minute Motion: 1) Waive bid irregularity; 2) award purchase of
Civic Center CalSense Irrigation Supplies to SiteOne Landscape
Supply, Palm Desert, California, in the amount of $35,737.66 — funds
are available in Account No. 4004388-4400100 - Capital Project
Reserve.
G. REQUEST FOR APPROVAL of Change Order No. 1 in the Amount of
$20,000 to Contract No. C34282 with Knorr Systems, Inc. — Mechanical
Maintenance and Chemical Acquisition at the Palm Desert Aquatic Center.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$20,000 to the subject contract with Knorr Systems, Inc., Santa Ana,
California, for mechanical maintenance services and chemical
acquisition at the Palm Desert Aquatic Center for the balance of
FY 2017-2018 — funds are available in Fund 242 Accounts in the
current operating budget.
H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35610A —
San Nicholas Garden Renovations Project (Project No. 997-18)
(Horizon Professional Landscape, Inc., Coachella, 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.
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I. REQUEST FOR APPROVAL of Third Amendment to and Restatement of the
Coachella Valley Association of Governments Joint Powers Agreement
(Contract No. C00365).
Rec: 111J...
Continued to a date uncertain. 5-0 (AYES: Harnik, Kelly, Nestande,
Weber, and Jonathan; NOES: None)
J. REQUEST FOR APPROVAL of a Multi -Agency Participating Agreement for
Coachella Valley Regional Traffic Signal Synchronization Program and
Adoption of the Coachella Valley Traffic Signal Interconnect Master Plan
(Contract No. C36870).
Removed for separate consideration under Section XIII, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
K. REQUEST FOR AUTHORIZATION to Release Cash Deposit in the Amount
of $17,262 for Grading and Offsite Improvements for Casuelas Cafe Project
Located at 73703 Highway 111 (Case No. CUP 14-241. 627-212-003)
(Del Rod, LLC, Applicant).
Rec: By Minute Motion, authorize release of cash deposit in the amount of
$17,262 for grading and offsite improvements for the Casuelas Cafe
Project, located at 73703 Highway 111, Palm Desert, Case
No. CUP 14-241, 627-212-003.
Approved 4-0-1 (AYES: Kelly, Nestande, Weber, and Jonathan; NOES:
None; ABSTAIN: Harnik).
L. REQUEST FOR AUTHORIZATION to Release Cash Deposit in the Amount
of $1,862 for Maintenance for the Legends Gardens Project Located at
73685 Catalina Way (Case No. PP 15-086. 627-114-011) (Prospect
Companies, Applicant).
Rec: By Minute Motion, authorize release of the cash deposit in the amount
of $1,862 for maintenance for the Legends Gardens Project located
at 73685 Catalina Way, Palm Desert, Case No. PP 15-086,
627-114-011.
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M. REQUEST FOR AUTHORIZATION to Release Cash Deposit in the Amount
of $10,476 for Grading and Offsite Improvements for the Industrial Building
Located at 34750 Spyder Circle (Case No. PP 16-76. PM 24255.
694-240-003) (Brent Dill, Applicant).
Rec: By Minute Motion, authorize release of the cash deposit in the amount
of $10,476 for grading and offsite improvements for the industrial
building located at 34750 Spyder Circle, Palm Desert, Case
No. PP 16-76, PM 24255, 694-240-003.
Approved 4-0-1 (AYES: Kelly, Nestande, Weber, and Jonathan; NOES:
None; ABSTAIN: Harnik).
N. REQUEST FOR APPROVAL of a Modified Scope of Work for the Line 4
Drainage Project (Project No. 522-16).
Rec: By Minute Motion, approve modified scope for the Line 4 Drainage
Project (Michael Baker International, Contract No. C35310) — no
associated fiscal impact.
O. CONSIDERATION of a Letter of Opposition for ACA 19 (Mayes) - A
Resolution to Propose to the People of the State of California an
Amendment to the Constitution of the State by Amending Sections 1 and 2
of Article XIII C Thereof, Relating to Local Government.
Rec: By Minute Motion, approve a letter of opposition for ACA 19 (Mayes).
P. REQUEST FOR APPROVAL of Purchase and Sale Agreement Between
Michael J. Castelli and City of Palm Desert for a Vacant Parcel of Land
Located on the North Side of the Alessandro Corridor West
(APN 627-071-065) (Contract No. C36880).
Rec: By Minute Motion, authorize City Manager to execute the subject
Purchase and Sale Agreement between Michael J. Castelli and City
of Palm Desert and any other related documents.
Ms. Aylaian asked that Item I be continued to a date uncertain, stating it was at the
request of CVAG; Mayor Jonathan requested Item J be removed for separate action
under Section XIII, Consent Items Held Over; and Councilmember Harnik registered
her abstention on Items K and M.
Upon motion by Kelly, second by Nestande, and 5-0 vote of the City Council (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the remainder of the
Consent Calendar was approved as presented.
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XIII. CONSENT ITEMS HELD OVER
J. REQUEST FOR APPROVAL of a Multi -Agency Participating Agreement for
Coachella Valley Regional Traffic Signal Synchronization Program and
Adoption of the Coachella Valley Traffic Signal Interconnect Master Plan
(Contract No. C36870).
Mayor Jonathan noted the City is participating in the Coachella Valley
Regional Traffic Signal Synchronization Program, which initially was for
Highway 111. He inquired about the timeline for implementation and
completion of the project.
Mr. Jonassan replied he understood CVAG was getting the agencies to sign
on with the exception of a couple of agencies that declined to participate.
The schedule includes forming the technical group by fall, which is basically
the traffic engineers of the Valley, and then work on the implementation as
early as 2018.
Mayor Jonathan said he knew the City of Rancho Mirage was not
participating.
Mr. Jonassan offered he wasn't sure the City of Indian Wells was choosing
to participate.
Councilmember Harnik reported that at the CVAG Transportation Committee
meeting, the City of Indian Wells questioned some issues on it, but it's been
in the works for a while and it's getting done through CMAQ (Congestion
Mitigation and Air Quality Improvement Program) funds. She said they are
now looking at using Wi-Fi rather than trenching, and this came about as part
of exploring the use of updated technology, but there is still a lot of moving
part. She added that during the festival and tennis events, everyone
recognizes the need for synchronization
Councilmember Harnik moved to, by Minute Motion: 1) Subject to such minor
technical changes as may be necessary, approve a Multi -Agency Participating Agreement
for Coachella Valley Regional Traffic Signal Synchronization Program; 2) adopt the
Coachella Valley Traffic Signal Interconnect Master Plan; 3) authorize the Mayor to
execute said Agreement. Motion was seconded by Kelly and carried by a 5-0 vote (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
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XIV. RESOLUTIONS
A. RESOLUTION NO. 2018 - 17 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, WHEREIN THE CITY
COUNCIL HEREBY AUTHORIZES SUBMITTAL OF AN APPLICATION TO
THE LEAGUE OF CALIFORNIA CITIES FOR THE HELEN PUTNAM
AWARD FOR EXCELLENCE FOR THE CATEGORY OF THE
RUTH VREELAND AWARD FOR ENGAGING YOUTH IN CITY
GOVERNMENT, AND THE EXECUTION OF ANY RELATED DOCUMENTS
NECESSARY FOR THE APPLICATION.
Management Analyst Deborah Glickman stated she was the staff liaison for
the City's Youth Committee, and she was seeking Council approval to submit
the application for the Helen Putnam Award. She plans to highlight some of
the activities of the Youth Committee, stating they deserve to be rewarded
and recognized.
Councilmember Harnik concurred, stating the Youth Committee is amazing,
and this group is engaged, energized, and a real asset to the community.
Mayor Jonathan agreed, stating he's amazed by them, specifically for
reaching out to younger children and serving as role models; hopefully they
are watching and emulating the good behavior of the members of the Youth
Committee. They also go to the Joslyn Center and teach seniors how to use
computers, laptops, and smart devices, and how to do emails and get on
Facebook, etc., which he thought was so special.
Councilmember Kelly noted that a representative of the Youth Committee,
with the help of the Sister Cities Foundation, went to an international event,
and she was inspired potentially as to what her future vocation might be.
She came back and created a truly spectacular multi -media presentation
about her experience, which was shown to all the Sister Cities
representatives for Southern California. She said Youth Committee
members were ambassadors for the City in California and beyond.
Councilmember Harnik moved to waive further reading and adopt Resolution
No. 2018 - 17. Motion was seconded by Nestande and carried by a 5-0 vote (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None)
XV. ORDINANCES
A. For Introduction:
None
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B. For Adoption:
None
XVI. NEW BUSINESS
A. REQUEST FOR APPROVAL OF 18 SCULPTURES AND FOUR
ALTERNATES FOR THE 2019/2020 EL PASEO SCULPTURE EXHIBITION
AND APPROVAL OF HONORARIA OF $5,000 FOR EACH OF THE
PARTICIPATING ARTISTS.
Management Analyst Deborah Glickman stated the Art In Public Places
Commission (AIPP) worked hard to go through the 160 applications received
for the upcoming exhibition. The City used a different method of advertising
this year, and it was very successful. The proposed exhibition includes 18
sculptures that will be placed on El Paseo. Four alternates were also
selected, because at times, the City has needed to go to it, mainly due to the
long time span between the selection and installation process, which will take
place in November. She's happy to report the exhibition will include artists
from all over the country, and this year the honorarium was increased from
$2,500 to $5,000 per artist, which made a big difference in the application
process.
Mayor Pro Tem Weber thanked the AIPP Commissioners for their knowledge
and expertise, and for their diligence in reviewing all the applications, stating
they had to come back for a second meeting to go through all them. She also
thanked Ms. Glickman for her guidance and taking the time to remove the
ones that were not applicable, saving the Commission a lot of time in the
process. She added that everyone benefitted from the AIPP and the
process, in that many experience that "wow" factor from the exhibition on El
Paseo.
Responding to question about the installation, Ms. Glickman explained it
takes two weeks to deinstall the current exhibition, which will happen at the
end of October, and then it takes two weeks in November to install the new
18 exhibitions. She schedules the installations for Tuesday through Thursday
during the mornings, because the street has to be closed during that time.
She tries to be done by noon, leaving the street open during peak time
hours. Further responding, she said the City does a dedication of the new
exhibit in January, which is usually held at The Gardens on El Paseo. Last
year the City switched to a Saturday morning event, which worked well,
stating they were previously done in the evening. On that Saturday morning
they did a docent tour as part of the First Weekend events from 9:00 to
10:00 a.m. with a '/z hour reception with the Commissioners, artists, and
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docents, and then a public reception at 10:30 a.m. She plans to do the same
this year, but she still had to confirm it all.
Mayor Jonathan commented he was pleased to see staff continue to use
technology in effective and meaningful ways, which is part of the reason the
City had such a great response.
Councilmember Kelly moved to, by Minute Motion: 1) Approve 18 sculptures and
four alternates for the 2019/2020 El Paseo Sculpture Exhibition; 2) authorize staff to
finalize negotiations of contracts with 18 artists and Mayor to execute same, subject to
satisfaction of the City Attorney (Contract Nos. C36890A-R) — monies are budgeted in FY
2018-2019 in Public Art Fund 436. Motion was seconded by Harnik and carried by a 5-0
vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
2018 SLURRY SEAL PROJECT TO ROY ALLAN SLURRY SEAL, INC., IN
THE AMOUNT OF $1,730,599 AND FOR APPROVAL OF A
REIMBURSEMENT AGREEMENT WITH CITY OF INDIAN WELLS FOR
THE SLURRY SEAL PORTIONS OF FRED WARING DRIVE AND
PORTOLA AVENUE (CONTRACT NOS. C36690 and C36690A, PROJECT
NO. 751-18).
Project Administrator Ryan Gayler stated this contract was for the City Street
Maintenance Program of slurry sealing several arterial streets in the City that
included Monterrey Avenue, Washington Street, Fred Waring Drive, portions
on Portola, portions on Cook Street, and some neighborhoods.
Councilmember Harnik asked if the project was really starting later this
month.
Mr. Gayler answered yes, stating that was the plan.
Mayor Jonathan recalled that when the City went through this program last
year, it had a few complaints about the slurry seal stains, particularly in some
residential areas where homeowners would come and go, creating dirt and
tracking it onto their driveway. He asked if the City learned from that
experience.
Mr. Gayler explained this process is a Type 2 Slurry Seal, which has been
done for many years, which is a larger aggregate. Therefore, in areas where
the City had the most complaints, it will use a Type 1 Slurry Seal, which is a
smaller aggregate and less likely for it to come up. The City will still see
some soft spots, because that's slurry and it's the desert, but he's hoping this
process will greatly reduce the shedding of the aggregate.
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Councilmember Harnik moved to, by Minute Motion: 1) Award subject contract for
construction of the 2018 Slurry Seal Project to Roy Allan Slurry Seal, Inc.,
Santa Fe Springs, California, in the amount of $1,730,599; 2) authorize Mayor to execute
said contract; 3) authorize Mayor to execute a Reimbursement Agreement with the City of
Indian Wells for the slurry seal portions of Fred Waring Drive and Portola Avenue;
4) budget estimated revenue in the amount of $200,000 to the Measure "A" Fund —funding
is available for this project in Measure "A" Account No. 2134311-4332000 - Street
Maintenance. Motion was seconded by Nestande and carried by a 5-0 vote (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
XVII. CONTINUED BUSINESS
A. ORDINANCE NO. 1336 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 3.28.270
TO THE PALM DESERT MUNICIPAL CODE, RELATING TO THE
ESTABLISHMENT OF A HOTEL OPERATIONS INCENTIVE PROGRAM
(Continued from the meeting of March 22, 2018).
Mr. Alvarez stated staff was continuing to research and analyze information
as it relates to the hotel incentive program. Therefore, requested a
continuance to a date uncertain in order to come up with the best possible
ordinance for the City.
Councilmember Harnik moved to, by Minute Motion, continue the matter to a date
uncertain. Motion was seconded by Kelly.
Mayor Jonathan recalled that at the direction of the City Council an
Economic Development Ad Hoc Committee was formed. He could ask why
that committee wasn't consulted prior to the preparation of the staff report,
but there be no point. However, he asked if staff would consider utilizing the
Committee for the purpose it was intended, which is to provide input on
issues that affect the City's economic development. It seems this item was
a prime target for that ad hoc committee.
Mr. Alvarez agreed it could and can be an option, including holding a study
session, because there's a lot of moving parts. He added there are many
implications that it can talk to the City Council about and provide a full report
as well.
Mayor Jonathan said this was clearly a case of throwing a stone in the pond
and having a ripple affect that perhaps was not anticipated. The process
requested by Council, which is the utilization of the Economic Development
Ad Hoc Committee, can be a good tool to avoid unintended consequences,
because Council is getting feedback from the stakeholders.
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Councilmember Nestande offered that at the Hotel and Signature Events
meeting, staff was given great input from the J.W. Marriott. Therefore, she
would like to have them involved as well.
Mayor Jonathan called for the vote and the motion carried by a 5-0 vote (AYES:
Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
XVIII. OLD BUSINESS
None
With City Council concurrence, Mayor Jonathan suspended the agenda at this
point in order to take up the Successor Agency and Housing Authority
agendas. Following those agendas, he resumed the regular City Council
agenda order.
XIX. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A DENSITY BONUS, PRECISE PLAN AND
CONDITIONAL USE PERMIT, AND MITIGATED NEGATIVE
DECLARATION FOR A 384-UNIT APARTMENT PROJECT WITH A
CLUBHOUSE, RECREATIONAL AMENITIES, AND ROADWAY
IMPROVEMENTS FOR AN UNDEVELOPED 18-ACRE PARCEL LOCATED
ON THE SOUTH SIDE OF HOVLEY LANE EAST AND EAST OF
PORTOLA AVENUE, Case No. PP/CUP/EA 16-394 The Sands Apartments
(Lee Newell, New Cities Investment Partners, LLC, Applicant).
Principal Planner Eric Ceja provided details and renderings of the project on
the overhead projector in the Council Chamber, highlighting that the
proposed apartment project on an approximately 18-acre undeveloped site
is located on the south side of Hovley Lane, bounded by James Carter
Elementary School and the Venezia Community to the west, Canterra
Apartments to the east, and Portola Country Club to the south. This project
began in 1989 with an overall plan to develop 55 acres along Hovley Lane,
including the entirety of Palm Desert Soccer Park, as well as two apartment
sites — with the Canterra site being built first. He said the approved
development agreement contemplated 612 apartment units between the two
sites; to date, 306 have been built at Canterra. The Applicant proposes
going beyond the balance of 306 units, thereby requesting a density bonus.
He went on to explain that density bonuses are allowed under State Statute
(AB 2222), as well as the City's own ordinance for affordable housing density
bonuses. As part of any density bonus, Applicant is required to provide a
portion of affordable housing; in this case, providing 20% of the project as
affordable units, making him eligible for up to a 35% density bonus.
Additionally, Applicant is able to request concessions from the City's own
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development standards, with those being: 1) Slight reduction in the City's
parking standard, which currently requires two spaces per unit, and he's
proposing to provide 1.78; 2) subsidy for some of the development impact
fees on affordable units themselves.
Mr. Ceja stated that in looking at zoning district for the subject land, which is
PR (Planned Residential), project meets development standards for the
zone; it is also consistent with City's General Plan. There have been a
number of project changes over the past two years it's been under study,
and he went on to describe the accommodations made, as follows.
— Originally, there were eight (8) three-story buildings shown for the site;
they've been reduced to only four (4) three-story buildings, and some of them
have been moved around.
— Total number of units from the original proposal at 412 has been reduced
to 384.
— Applicant proposing zero lot line for garage units along the westerly and
easterly property lines. Along the Venezia community, has removed the
garages and is proposing an 8-foot landscape buffer, with parking to be
provided along that portion of the site.
Mr. Ceja pointed out that earlier today, Councilmembers received an updated
page A-3 of the site plan, better illustrating the view study in that on the
eastern portion of the site, nearest building is approximately three (3) feet
higher than the surrounding community at Portola Country Club, which has
to do with grade changes between Canterra and the Venezia community
moving east to west. Responding to question, he said the new graphic
illustrated a tapering black line, and in the parking areas, it indicated where
those two areas rise for the curbs. The goal with the graphics was to show
the site lines, but also the distances between the adjoining sites. Also in the
packet, staff prepared a comparison chart of existing apartments in the City
showing their heights and density, including that parking ratios can be lower
than the City's standard of two parking spaces per unit. It also illustrates that
density bonus had been applied historically in the City for affordable housing
projects. In conclusion, staff found the project has compatible land use.
Again, since 1989 the site has been identified for apartment development.
Further, in over five years of study with the Envision Palm Desert, City's
General Plan, and Zoning Ordinance update, there's been a progressive
march to pursue affordable housing in the City. Therefore, by providing 20%
affordable housing in this project, staff felt it was achieving that goal. Lastly,
the Planning Commission heard this case in March and recommended
unanimous approval of the project to the City Council with the
recommendation that Building 4 be dropped from three -stories to two.
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Councilmember Nestande noted the General Plan was adopted a few years
back before she was on the City Council, which is why she needed more
input. She asked if the City decided to change the density on the area where
the Sands Project is being proposed.
Mr. Ceja said this particular site has not changed density. What was
envisioned in 1989 was 306 apartments at a density of 17.5 dwelling units
per acre. With the General Plan and Zoning Ordinance Update, the density
was not changed for this site. What changed it, is the applicability of the
density bonus.
Councilmember Nestande asked where did residents get the idea that the
City would only allow two story buildings at the proposed site.
Mr. Ceja replied he believed it was from the original development agreement,
where at the time in 1989, the maximum building height was two stories and
today it's at three. Further responding, he said the change happened in
2017.
Councilmember Nestande said she could understand having a three story at
University Park where there is a lot of open space. However, here there are
existing single-family homes. She asked if residents were notified of the
change.
Mr. Ceja explained that when the Zoning Ordinance changed, a very broad
scope was applied to the PR Zone. Specifically, not this property by itself,
so there were no adjoining properties that were notified.
Councilmember Nestande offered that in terms of the open space available
in the project, would it be possible to make all buildings two stories by using
some of that open space.
Mr. Ceja responded that staff has stated there are infinite number of ways
to design this site plan. Generally for apartment projects, because of the
density and lack of private yard space, communal open space is advocated
for these types of projects. The amount of open space being proposed is in
line with recently approved apartment projects in the City. Further
responding, he agreed anything is possible.
Councilmember Kelly stated residents have concerns about light pollution,
meaning residents won't have the same enjoyment of the skies. However,
she did see that one of the conditions included is to be assured that lighting
plans are in compliance with portions of the Municipal Code. She asked staff
if residents can look to that condition as a safeguard to assure that lighting
will be handled in way that minimizes impact.
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Mr. Ceja answered yes, stating the City's lighting ordinance requires that a
full foot of metric plan is approved by staff, and that any light fixtures installed
is to have a cutoff so that light itself is directed downward instead of outward,
and that light not trespass beyond this project's boundaries into other
properties.
Councilmember Kelly added that another topic of concern is the traffic signal
control. Some feel it will be of help, some believe traffic will be tight, and
others that it's a detriment. In looking at the paperwork, it appears that the
Mitigation Monitoring and Reporting Program specify that a traffic signal will
be built. Was it also true, however, that questions remain as to what time of
day it might operate or how it would operate, because it appears there will be
many variables influencing it's usefulness.
Mr. Ceja replied that the driveway for this project aligns with the driveway
across the street for the Marriott Desert Villas on Jasmine Court. There is
a signal that is planned as part of this project that the developer will have to
install, and it will operate 24 hours, seven days a week. The signal is there
to control traffic that needs to exit out of Marriott Desert Villas onto Hovley,
and traffic from Hovley to enter into this project. A traffic analysis was
prepared and reviewed by City's traffic engineer and concluded the findings
were accurate, which is that a signal at the proposed location improves traffic
at this intersection. At the present time, it's an uncontrolled intersection,
stating vehicles are having to scrape their way across Hovley Lane. Further
responding, he confirmed that if the project is approved, there will be further
studies of the actual operation of the traffic light in terms of timing.
Councilmember Kelly stated the biggest concern she's heard pertains to the
borders between the existing single-family residences of both the Portola
Country Club and Venezia Community. She said the conditions speak to the
landscaping that will be used to create a buffer for those existing
single-family residences. One of the questions she heard was whether the
staging of the landscaping can go in first.
Mr. Ceja replied it would be consistent with other projects approved in the
City.
Mayor Jonathan noticed the staff report indicates there are two (2)
three-story buildings adjacent to the school, which he believes have now
been reduced to one. He heard concerns about the safety of children at the
school and questioned if staff consulted with safety officials and Desert
Sands Unified School District (DSUSD) to weigh in on the issue of school
safety as it pertains to the proposed project.
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Mr. Ceja said there has been some correspondence with the school district,
and most recently he met with some board members and school staff from
DSUSD. Staff also consulted with the Sheriffs Department, and they have
both said the project itself didn't pose any additional risk to the students
there. He noted that as part of the Planning Commission's recommendation
to reduce Building 4 from three stories to two stories, the applicant has
agreed to that change.
Mayor Jonathan asked if the City has the legal ability or authority, should it
wish to do so, to reduce the density as proposed for the height limitations or
the number of stories based on the General Plan, Zoning Ordinance, and
current State law,
Mr. Ceja replied that under the Zoning Ordinance, when it comes to
something like three stories or the density itself, the Ordinance establishes
standards that the property owner would have to adhere to. In this case, at
three stories and less than 40-feet in height, it adheres to the Zoning Code.
When it comes to density bonuses allowed under State law, he didn't believe
the City had the ability to reduce it.
Mr. Hargreaves added the City is severely constrained under current State
law, which has become more and more constraining in these kinds of
projects. The City cannot constrain the project in such a way that it renders
it infeasible.
MR. LEE NEWELL, New Cities Investment Partners, LLC., Applicant, stated
he was accompanied this evening by Mike Rowe from MSA Consultants,
Mr. Vince Chutca and Mr. Billy Zajac from the New Port Beach office from
Humphreys & Partners Architects to answer questions. He stated a project
is only as good as the person that is proposing it and should have the ability
to build good quality and be successful. He said he's been doing this work
for 38 years and has been doing 80/20 (80% market rate and 20%
affordable) apartment projects since 1984. He did the first State density
bonus project ever granted in 1984, and he has been doing these projects
before low-income tax credits were even on the scene, so he has extensive
experienced with this kind of product. In this case, they are doing 20% at
50% median, which qualifies as very -low-income housing. They will be
providing 77 units of very -low-income housing to assist the City in it's
Regional Housing Needs Assessment (RHNA) obligations to the State. As
a point of reference, the City has produced 54 very -low-income units over the
last 11 years, and this project is proposing to provide 77 in this one project.
He started coming to the desert 68 years ago, has owned a home in Palm
Desert for 30 years, and although be's not a local, he did have the best
interest of the City at heart. He noted he tried to buy the proposed property
for more than 20 years, because it's so well located and perfect for this kind
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of development. He was finally able to buy it last year, and he's been in this
process now for almost two years. It will be a high -quality project, and a
Class -A Apartment with top -of -the -line finishes that will include a 9,000
square -foot clubhouse, gym -type of facility, 1,800 square -feet of exercise
space, a business center, yoga room, community party rooms, two large
pools, and a dog park. He believed this clubhouse will be three times larger
than any clubhouse here in the Valley associated with an apartment project.
The residents of these apartments are workforce housing and market rates.
These are the people that make the engine of Palm Desert go. They work
in resorts, hotels, restaurants, hospitals, etc., and without them, a City like
Palm Desert would have difficulty operating. It's great for these residents to
have a high -quality Class A environment to come home to every day. He
views it as the first run in the ladder to home ownership, and he celebrates
the affordable tenants when they go out and buy a house. They are the first
to appreciate what they have with these Class A apartments, adding they are
the first to pay the rent and abide by all the rules. Honestly, the fear of
affordability next door is misplaced, because they have some of the best
property managers in the United States that will oversee this project.
Mr. Moran who owns Canterra Apartments happens to use one of the two
property managers they use, so their alliance is one of the biggest in the
United States. He said they conduct extensive reviews, credit checks, etc.,
of their tenants, and they are very careful. In closing, he said this project
was around since 1989 when it was entitled pursuant to a development
agreement, which remains legal and in force today. As part of the
entitlement, the project transferred 20 acres to the City for the soccer park,
and in return it was entitled with a development agreement where they
requested a density bonus. The way these 80/20 deals work, the market
rate units help support the affordable units, which is why State law
Government Code Section 65915 requires that these density bonuses be
provided in projects such as these. He requested to speak after the public
hearing in order to respond to comments and offered to answer questions.
Councilmember Nestande said she made a comment earlier about the
feasibility of only having two story buildings by using some of the open space
or instead of the 9,000 square -foot clubhouse, it could be 3,000 or 4,000
square -feet.
MR. NEWELL replied that contrary to what was said earlier, they would not
be able to get enough units on the project to make the 80% support the 20%
affordable units by only having two stories.
Councilmember Nestande asked how much money was it, hypothetically, if
the project only had two stories there. In other words, how much money
would be needed to make the project work.
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MR. NEWELL replied it wouldn't work, and because they are at 50% at
median -income, he would venture it would cost the project for 77 units
approximately $800,000 to $1 million a year.
Mayor Jonathan declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
MR. LOREN CAMPBELL, Via Pellestrina, Palm Desert, expressed his
opposition to the three-story buildings in the proposed plans, especially as
they adjoin the Venezia development. This conflict was created when the
City approved the new Town Center Neighborhood allowing three-story
buildings immediately next to the golf and resort homes. Developers made
some concessions to date, but their requests have been answered or filtered
by Mr. Ceja without ever presenting them to the developer. The fact that the
developer was unwilling to meet with them is bothersome, and it sounded
like he has already decided that the project is approved; now they need to
find a solution. It was mentioned at the last Planning Commission meeting
that a better approach would have been to have had workshops between the
City, residents, and the developer. He understood the project is going to
happen, but they want to find the best possible solution for all stakeholders.
It's unfortunate that these workshops didn't happen, but it's not too late to do
it now, because amazing things can happen. He noted representatives from
Canterra and the Sands had substantial disagreements at the beginning, and
they were able to resolve issues in a two-hour meeting. His first desire is to
not have any three-story buildings, especially on the side of the Venezia
project next to the one-story buildings. He believed there was a better way
to place the 384 units needed on the land available, but the best solution
requires everyone working together. He said good ideas have been
presented previously, but very likely the best one is yet to be revealed at a
barnstorming session with the developer, the City, and residents. He urged
the City Council to direct the developer, surrounding neighbors, and the City
to get together in a room to come up with a better plan for Council to vote on
at the next meeting. He asked for a continuance to April 26, to have the
developer meet with the residents.
MR. LEE SOUDER, Via Venezia, Palm Desert, stated he and his wife are not
in favor of the City Council approving the Sands project at this time, asking
Council to delay action until April 26. There have been discussions about
concessions that could be made by both parties. If so, it would be beneficial
for all stakeholders to see and give their opinions to these changes, because
communications from the City and the developer to the homeowners is farce
and done only at these meetings. He is a visual person, so he would like to
see what any possible new changes would look like from a site elevation
from the Venezia project into the 40-foot buildings, including the slope,
setbacks, landscaping, and the possibility of having garages instead of
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carports. He said providing garages for the units might generate more
income to the developer, and/or decrease the two stories by possibly
increasing the number of bedrooms to each of the floor plans. They felt that
the proposed development is simply an opportunity for the developer to take
advantage of density bonuses, tax credits, and affordable housing credits,
which are all offered by the State of California. As the City seeks remedies
to ease the affordable housing shortage, even if the project is out of place,
behind close doors the City rezoned the property as a Town Center
designation to accommodate the developer, which is illogical since there is
no shops, grocery stores or public transportation. The needed bus stops
apparently have been removed from Hovley Lane. He said not every project
has to be high density just because they are allowed. Despite what the City's
planner has stated, the fact that other three-story buildings exist or are in the
planning process, has no bearing on the decision on whether or not to
approve this project, stating each development needs to be evaluated on it's
own context and merit.
MS. LUANNE THIELKE, Desert Green Drive East, Palm Desert, she
questioned what the criteria was for a conditional use and why was this
property a conditional use. She is concerned about the two- and three-story
buildings, especially when they abut neighboring properties that have been
developed. She said Black Rock who just purchased the place down on
Portola and Frank Sinatra, is a huge parcel where these three-story buildings
can be built, but not next to existing properties, and they are just not
desirable. She said Council should think about the precedence it might be
setting for future developments, and this was not about the low-income
housing, it's about how it impacts adjoining residences; it's the wrong place
for this project. She offered that she's been involved with low-income
housing in Oregon, and these people still need cars and parking, so Council
had to think about where the excess parking will be located. She said they
may be parking at the school, because there will be cars needing space to
park.
MS. JOAN FITZGIBBON, Angels Camp Road, Palm Desert, shared she is
directly located behind the intersection of the wall between Sands and
Canterra. Her main concern are the three-story buildings, because she had
always assumed they would be two-story or of similar size to Canterra,
stating she had a good view of the second floor units on the back of the
property. She was not aware of the zoning change from two to three-story
when the City adopted it on the Master Plan in November 2016, stating there
was not a lot of transparency within the community to this change with the
Canterra and Sand lots becoming Town Center Neighborhoods, allowing for
three story buildings. The Sands will be the only three-story project within the
neighborhood north of Highway 111, west of Cook Street, and east of
Rancho Mirage. These three-story buildings would be more appropriate near
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the Highway 111 corridor or University Park, but not well -established
neighborhoods that have enjoyed their personal privacy and security. She
recognizes more low-income housing was needed in Palm Desert, but
cramming them into the proposed lot was not the right place. Another thing
is the wall behind the Canterra project is a minimum of 8-feet high and it gets
higher as it continues north, reaching almost 12-feet in height, yet the Sands
wall is being proposed at 6-feet or lower. The developer needs to continue
the 8-foot wall from Canterra's property to ensure Portola Country Club's
privacy and to prevent further encroachment into their lives. Also, when she
first moved to PCC, Canterra had a number of trees along the back property,
and in the last several years they have been cut down and not replaced. If
they were replaced, they must be under the wall height, because they are not
visible. She showed the City Council two photographs that were taken from
the corner of her house, showing a truck parked on the street where the level
of the ground is higher. She requested that the buffer landscaping be
maintained as intended, even if the property is sold in the future. She
requested they start off with large plants to ensure their privacy and security.
Lastly, the dunes will require massive grading and the homeowners along the
property line will probably experience damage from the earth moving
involved. Therefore, she asked that PCC be named on the insurance policy
for when claims are filed when damage occurs, so they won't need to retain
an attorney. The two photographs shown were left with the City Clerk and
are of record in the City Clerk's office.
MR. JOSE MARTINEZ, Via Pellestrina, displayed two large photographs,
which represented his view of a two-story Canterra apartment, which is 200
yards away from his home, which was equal to two football fields, and then
asked Council to imagine what a three-story building up against their
property would look like. He said that when he invested and purchased his
home, he knew one day Phase ll of Canterra would include two-story
apartments. Therefore, the number one issue for most is the three-story
buildings, which is what brought all the residents together here today. He
believed the Planning Department has been biased throughout this project
in favor of the developer. For example, he found it very misleading and
slightly offensive that the staff reports presented to the City Council and
Planning Commission would list that one of their key concerns or objections
was the affordable housing component. He went on to say he understood the
need for affordable housing, in that he grew up in a low-income
neighborhood. Solutions had to be found that worked for everyone, so he
offered the following ideas for consideration: 1) reducing the three-story
buildings to two story and reducing the square footage in each unit, thereby,
adding more units to make up for the loss of the 3rd floor; 2) eliminate or
reduce the open space and amenities in size to add more units. He
questioned whether such a large clubhouse was needed, because at
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Venezia they get by without one; 3) place the three-story buildings next to the
existing Canterra two-story buildings. He said fairness is what they were
looking for and it seemed fair to put buildings of similar heights next to each
other. He urged the City Council to continue this item to the meeting of
April 26, asking the developer to work with all its neighbors to find a better
commonsense solution.
MR. ED KNOPF, Via Pellestrina, Palm Desert, stated the main concern with
the three-story buildings was about privacy and the site lines for both the
Venezia and Portola residents, adding it made no sense to plunk one in a
residential neighborhood. When you have homeowners that have $700,000
to $1 million homes, a three-story building staring you in the face is terrible.
He believed the developer was trying to put ten pounds in a one -pound bag,
stating it would be like having the Empire State Building next door, and there
is no way to block that with foliage. Some suggestions are: 1) Eliminate the
three-story buildings; 2) move Building No. 8 in Phase 11 to Phase 1, so it
doesn't affect the residential one-story buildings; 3) swap the locations of
Building 7 and 8 in Phase II; 4) eliminate all the parking east of the perimeter
road that is adjacent to Venezia and replaces it with a larger buffer of
landscape, which would allow for large pot trees that would grow rapidly; 5)
stagger the trees to block the views of the two-story buildings from the
communities, which is what is being suggested along the Portola area.
MS. DIANE WOHL, Via Pellestrina, Palm Desert, as a former board of
education members in Colorado, she understood the tremendous
responsibility and complexity of public office. She said there are always
competing interest groups and divergent opinions about issues, but from her
experience, she's disappointed with how the City Council has overseen the
handling of the Sands Project. First of all, she believed the City needed to
notify all citizens directly impacted by the introduction of new zoning and
allowing for three-story buildings in a residential neighborhood in Palm
Desert for the first time. It should have also provided a clear explanation for
the need for more affordable housing, which everyone understood. The
developer could then have presented his ideas and the neighbors could have
responded and offered suggestions. After this basic exchange of
information, a series of sit-down meetings should have taken place, ideally
with a facilitator and representatives of interested parties with a clear
commitment to a thoughtful ad respectful process. It would have begun the
work of a proposal that was a compromise and acceptable to the City. Even
though it is not possible to make everyone happy, effective leadership can
result in an appreciation for a professional, thorough, and transparent
governmental process that fosters goodwill and respect, which is how
government should work. Sadly, it's not what has happened to date
regarding the Sands development. She acknowledged the developer has
made some concession to address some of the concerns expressed, which
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are much appreciated. However, the ill will that this situation has created
was unnecessary had the process been handled differently. She said a City
Council is not elected to make decision without adequate input from its
citizens, they are elected to lead a process that culminates in each member
making a decision that is in the best interest of its constituents. It wasn't too
late to change the lingering perception that this Council's leadership on this
issue has been disappointing. She requested the City Council postpone its
decision this evening.
MS. PATTY MCNAMARA, Angels Camp Road, Palm Desert, stated this
entire process was less than transparent. From the original rezoning as the
Town Center Neighborhoods to scheduling the first meeting in the summer
when many residents are gone. She believed Mr. Moran sold the property
to Mr. Newell making last minute agreements before meeting with the
Venezia residents. This generous setback from Portola is a result of a 45-
foot easement owned by the City and County, of which, the developer does
not own and can't build on. They have been given conflicting information as
to the number of buildings and units since last May, including Mr. Newell
never meeting with them. She said Mr. Newell has indicated he got the okay
from PCC, but the HOA manager simply told him she would be happy to
share his plans with the residents. She questioned why Mr. Newell consulted
with Mr. Moran about swapping buildings along Canterra Perimeter at the
last meeting, but didn't consult with PCC or Venezia residents. She also
questioned why Mr. Newell and Mr. Moran were allowed to talk for more than
three minutes, while they were limited to one. Staff told residents at their
main meeting at Portola CC he didn't think he could get the developer to
agree to their proposed suggestions, adding it was a meeting that Mr. Newell
did not attend. They asked for lower grading, higher walls, two-story
buildings, lower buildings, senior and veteran housing. However, it sounded
like staff was an employee of the developer and not of the City. He seemed
concerned with the cost to the developer than what is right for Palm Desert,
but what about their property values that have been adversely affected by
the proposed project. She understood the need for affordable housing, but
it seemed the City could require more from a successful developer, after all
he would be making at least $350,000 a month in revenue with 76 units at
$500 a month and remaining units at $1,000 a month.
MR. EDDIE ZAKANYCH, Angels Camp Road, Palm Desert, requested a
postponement of this item, because he would like to invite the City Council
to tour Portola Country Club to see the impact Canterra has already made
on the community. He said Council can walk the property to see exactly what
they are talking about and maybe this hornet's nest that has been created
can be resolved.
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MR. RICHARD WOHL, Via Pellestrina, he reminded Council they were
elected to represent the citizens of Palm Desert and to focus on the welfare
of its residents. At the March 8, Coffee with the Mayor, Mayor Jonathan
emphasized Council's dedication to the quality of life in Palm Desert. He
said the residents do not expect Council to act as sole agents to the State
Legislature when it conflicts with the local needs of those who elected them
to office. When major changes are proposed, residents should be informed,
plans discussed, and input invited as it tends to do in the adjacent
communities. In contrast, the Sands development seems to have been
handled relatively covertly, allowing presentations from the developer prior
to the General Plan being approved, following with notification to only four
homeowners in a community of 94 homes, and during the summer when
many are away. The fundamental obligation of democratically elected
representatives is to inform and support those who voted them into office.
The concern regarding a possible lawsuit for compensation to the developer,
if plans were changed, would never have been an issue if residents had
been given timely information and allowed input on the proposed
development before commitments were made. The proposed three-story
development adjoins extended communities of single stories and single-
family homes, which will change the basic character of the neighborhood.
High density, high-rise structures, with multiple zoning exemptions that have
not been previously allowed is not appropriate at the proposed site. There
is still an expansive open desert in the north sphere, and the first residential
three-story buildings should be in a newly developing area where they will not
impact those who have invested in their homes years ago under zoning
regulations at that time. He requested Council not approve this project as it
is currently structured.
MR. RANDY BURDEN, Zircon Circle West, respectfully requested the City
Council reject all three-story buildings, because they are inconsistent with the
character of the community. However, in the event the project is pushed
forward, Council should be aware that in the last meeting the two principals
were asked whether they could move buildings around. It was disclosed to
him and four other Portola representatives, along with two City
Councilmembers and a development staff member that moving the
remaining two buildings to the front part of Canterra would impact the views
of the higher -cost rental units at Canterra. He proposed moving the three-
story buildings forward to allow the continued quiet enjoyment of the
single-family homes and to enhance personal privacy from the 3rd floor
building intrusion. If the project goes forward, landscape maintenance
should be addressed. Landscape perimeter walls should be removed and
replaced with infrastructure, and irrigation should be installed at the property
line at Portola during the initial phases of construction. This will ensure that
at the completion of the project, landscaping will be matured and in place,
stating it was within Council's power to mandate it from the builder.
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Additionally, the trees proposed for installation are to be 48-inch boxes for
screening and environmental softening of light pollution, and pavement
ambient heating at the rear of the complex. He noted he submitted a four -
page letter outlining these things, which should have been in Council's
packet and hoped they had time to review it.
With City Council concurrence, Mayor Jonathan called for a recess at
6:01 p.m. He reconvened the meeting at 6:11 p.m.
MS. JUNE ENGBLOM, Angels Camp, Palm Desert, apologized to the City
Council for those in the audience that raised their hand. She explained it
was a sign of support, which the Planning Commission previously requested
they do instead of causing noise, stating they weren't trying to be rude.
Mayor Jonathan thanked her for the clarification.
MS. ENGBLOM went on to say her home was directly behind Building 14 of
the proposed project. Since last May, they have brought up many concerns
dealing with traffic, school -class size, water shortages, fire safety, and noise.
She said staff had answers for all of them, and she hoped they were right,
because she knew the City is going to proceed with this project. The project
has been amended somewhat to suit Canterra and Venezia, but there have
been no compromises specific to the 500 homes at Portola Country Club,
stating some residents have lived there since 1970. She hopes that after
listening to their ideas, Council will amend the plans even more so that PCC
residents can live with the outcome. With other big projects coming up, like
the Palm Desert Country Club, she hopes Council gives Portola Country
Club the consideration it deserves. It the project must have three-story
buildings, how many fewer can it get, because Mr. Newell knocked one
building to two stories at the last meeting in the blink of an eye. She asked
for the following consideration: 1) reduce the grade; 2) reduce the height; 3)
change the roof line. She said Council should check out the roof line at the
Enclave Apartments, because they are nice, sleek, and low; 4) install an
additional wall between 8 and 9 feet in height, depending on the grade.
Currently with her six-foot wall, she can see into six apartments at Canterra
and it's 250 feet away; 5) start the Portola and Venezia landscape buffer
immediately with more matured trees, using a 48-inch box rather than a
24-inch box; 6) list Portola and Venezia as additional insured members on
the developer's policy without them having to pay a deductible; 7) guarantee
a line item that states landscape buffers will be maintained; 8) swap Building
4 with Building 11 or 7; 9) postpone the vote to allow Council time to consider
the suggestions.
MS. DONNA KNOPF, Via Pellestrina, Palm Desert, stated additional
amendments needed to be made if the project was going to be
accommodated into an established community. Many residents in the PCC
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and Venezia community met recently with officials, and a variety of changes
are being considered. She opposes any and all three-story buildings and
requests that Council delay action until April 26, so it can consider the
changes and provide an opportunity for the community to meet with the
developer and City officials.
MS. ROCIO MARTINEZ, Via Venezia, Palm Desert, said it was a pleasure
to be in Palm Desert, and she liked Mayor Jonathan's comments under the
invocation about the pride of the City. She was raised in the desert, lived in
Palm Springs, Cathedral City, low-income housing, and had always dreamed
of living in Palm Desert. She shared that her past year had been amazing
with her ten -month -old son, a three -year -old, and her new dream house in
Venezia. She chose Palm Desert because it's a reputable city and all that
it offers, and she's happy with all her decisions. However, she wanted to
express her concern about the three-story buildings, stating she has spent
countless hours researching and talking to her neighbors about this project.
Her concern for the safety of her kids is real and genuine, in that a
three-story building near the school was not about fear of an active shooter
scenario, but about those who lurk, the perverts, and the indecent exposure
that could happen. She understood she had options in that she can request
for her children to go to a different school, but she chose her home because
it was near a school. She said everything else about the project was great,
just not the three-story buildings. Recently, the school had a festival and
they had a great zip line, which was amazing, but she realized she wouldn't
be able to nurse her son in the back yard or use the pool in the privacy of her
own home if there were three-story buildings surrounding it. She asked the
City Council to postpone their decision until April 26.
MR. OSCAR MARTINEZ, Via Venezia, Palm Desert, he shared that he and
his wife talked about what their biggest issue was with this project, and it
wasn't so much about the apartments or low-income housing, but more
about the safety of their children. He knew his concern resonated with many,
and hoped it resonated with the City Council as well. Their home is on the
corner next to the wall, and every day they have a ball that a kid has been
playing with and they toss it back over to the school. The playground division
from where the apartments are going to be built, there is no fence or wall,
which is a concern. Therefore, even with the changes that have been made,
the project will still have three-story apartment buildings next to the school,
which is something to consider. He recalled hearing Planning Commissioner
Holt state the school concern was moot, because she didn't have anything
that indicated there was imminent danger. He would have thought City staff
would have done more than just ask the school board two questions, which
was whether the project would impact traffic and if they had the capacity for
additional students. From his understanding, that's all staff did. He
questioned why there were no surveys or studies done that show the
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residents or assuring them this project with three-story apartments will be
safe for the kids. He requested Council postpone their decision and have
staff obtain more information, other than the Sheriff saying there is no danger
or that the school board doesn't have an issue. He believed that when
parents that drop off their child at school see all the construction and
buildings going up there will be an uproar, but those parents aren't here this
evening, because they don't understand what's happening.
MS. LORIS CLARK, Hovley Lane East, Palm Desert, offered she was a
renter at Canterra. Her apartment is on the ground floor on the corner by the
soccer field, so she wasn't interfering with anyone's views. Her concern was
the traffic, because currently there is a 10-minute window where you can get
out of the apartment complex. With everyone going to work and trying to
drop their kids off at school, cops find themselves very busy monitoring
there. She said most people in apartments have two cars, which is a reality.
Conservatively, this project is looking at about 700 vehicles, so she
questioned whether the traffic signal will be enough to take care of the traffic
problems. In the afternoon, you have traffic backup as well, so this was a
real concern.
MS. DIANA ALTORFER, Via Pellestrina, Palm Desert, stated she does the
E-Voice for the community to inform them about what is going on, and she's
been doing this since May of 2016. She felt the need to address the staff
report, because she felt things were left out. The Architectural Review
Commission met and approved the project on March 28, 2017, and the
community didn't even know about it, and they live next door. Also, Chair
Van Vliet and Commissioner Levin voiced their concern about the three-story
buildings, and this should be told, because you have people within the
organization that were concerned about the height of the buildings.
Regarding the building heights, she noticed that it wasn't until August 24,
2016, that the City actually applied all the zoning regulations and somehow
Town Center Neighborhoods allowed for three-story buildings. It didn't make
any sense, because they had always heard it was going to be two-story. The
definition of Town Center Neighborhood is listed as commercial and retail
activity within walking distance, yet this project is 1.6 miles to the nearest
grocery store. She really thinks the City Council should re -look at the
definition of the town center, because the project is in the middle of a
residential area. The other developments coming in are all in the
undeveloped area in the north sphere. Further, Mr. Ceja displayed a chart
showing all the existing apartment buildings where they were told that they
were similar to the proposed project, which she disagreed. She urged the
City Council to see for themselves how similar they really are and compare
it to the El Paseo Hotel, because when she sat at the Coffee with the Mayor
event, she looked at it and realized that's what they will end up having with
this project.
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MR. WALTER ALTORFER, Via Pellestrina, Palm Desert, stated he was
President of the Board of the Venezia HOA. It's been and continues to be
their positions that there should be no three-story buildings in the Sands
Project. Two points he wished to make this evening are as follows: 1) City
Council packet pages 70 to 76 include social media quotes regarding the
Sands Project. All the quotes reference low-income housing, and they were
kindly presented to the residents by the developer. He wanted to stress this
was never about low-income housing, because they understand and
recognize the problems of the City, which they support. This has been about
sticking three-story buildings into a single-family residential area. He pointed
out that Mr. Newell stated he has been trying to purchase this property for
years, and in 19 of those years, the City had a height limitation of two -stories.
He believed there was some self-serving going on here, and it bothers him
to see it; 2) He supports convening a group of people of interested parties to
review this plan.
MR. ORRIN WEINSTEIN, Via Pellestrina, Palm Desert, invited the City
Council to visit the Venezia development after it visits Portola Country Club.
He understood Councilmembers had to go in groups of two because of the
Brown Act. He had the opportunity of meeting with most of the City Council
with the exception of Mayor Jonathan. He recalled that at his meeting with
Councilmember Harnik and Mr. Ceja, Councilmember Harnik brought up a
couple of points that weren't addressed this evening. Aside from having
landscaping as a buffer zone, they discussed putting garages back into the
project, which would also act as a buffer. Councilmember Harnik had asked
why residents preferred the carport when the garages would act more as a
buffer to light and car noise, which he through was a good point. She also
questioned the change of the three-story building with a two-story building,
which he agreed would be preferable, as residents of Venezia, to have the
three-story buildings closer to Hovley Lane. At the last Planning Commission
meeting, the women of Venezia made an effort of informing the parents,
administration, and teachers of Carter Elementary School about what was
going on, but unfortunately, only two people showed up, and one of them
was okay with the project. If that's the case, where police are okay with the
three-story buildings, and the school building is a public building, then he
would ask for the three-story buildings to be closer to the front rather than in
Venezia's site line. He thanked the City Council for their patience and good
luck in their decision.
MR. STEVE ZOET, Via Venezia, Palm Desert, expressed his concern over
the three-story buildings adjacent to largely single -story residential homes.
Clearly with the number of correspondence sent to the City Council, along
with comments made by this evening's speakers, it's evident this has never
been about proximity to low-income housing. In fact, those in Venezia have
been supportive of low-income housing, stating this had more to do with the
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impact to an established residential community. He shared he recently
retired after 40-years of service in municipal government, and he served in
five cities during the course of those years. He can appreciate the
challenges that Council, as an elected body, and staff are faced not only in
this case, but in the day-to-day operations of the City, because he lived it.
However, as mentioned by others, they are disappointed they weren't
engaged in this process. The cities that he served were more aggressive in
their outreach, so he would hope that in the future Council takes it into
consideration. In summary, he would advocate the City Council reconsider
voting this evening for purposes of allowing residents, members of the school
district, members of the adjoining development, and the developer to further
discuss this matter. He hopes to reach some consensus to revert this into
a two-story development, as they understood was going to be the case when
they made their investment in the homes they enjoy.
MR. STEVE MILLER, Via Vittorio, Palm Desert, thanked the City Council for
their service, including those who had served prior. He noted he has worked
in municipal government for more than 40 years in three different cities.
Therefore, he can appreciate the work that Council does and certainly what
staff does as well. He thanked Mr. Newell because this project allowed him
to meet new neighbors in a way he didn't expect. He said this project has
evolved from what he first heard, stating Mr. Newell seems to be open to
changing as he has thrown out a lot of elements of the project. In fact, some
buildings were lowered from three levels to two, he got rid of the beer
garden, the Ferris wheel, etc. However, there are many who are still
concerned and others running around trying to figure out what is happening
with the proposed development. He said the project has come along way
and staff has been trying to push this through to get it to the City Council, but
its time to do a little rewind, stating there was still time to put together some
type of workshop(s), forms a committee that represents the vested interest
of the community, and allows for a win -win, or as close to it as possible.
Ultimately, it will be the City Council's decision whether that takes place this
evening or at another meeting, but a workshop will make a lot of residents
feel more comfortable. Mr. Newell quickly got to where this project is now
void of a lot of input from residents. With a little bit of direct input with staff
coordinating the process and working with the developer, he believed they
can come back with a better project. He said there was a seed of a good
project here, but as a community, they were not there yet.
MR. ROBERT AULT, Via Apregio, Palm Desert, stated he has become very
familiar with how City Council meetings work after going through the
short-term rental meetings. He thanked Council for making positive decisions
in that matter by protecting their property values and hoped they will do the
same here. He said it would be a shame to see their property values go
down over the three-story buildings. He didn't like the fact that there is a two-
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story building adjacent to some of the properties in Venezia, stating he rather
see a one-story along the property line next to the residential areas. When
you look at Canterra you see that they don't back up to residential areas,
they back up to the commercial areas. He said there are policies that protect
residents from two-story buildings when they are next to commercial
buildings, but because this is a residential project, it doesn't apply. He
questioned why it didn't apply, because it invades the neighbors' privacy. He
asked the City Council to take a look at that policy and come to a reasonable
decision that will protect property values.
MS. DIANE SAN CLEMENTE, Zircon Circle West, Palm Desert, stated she
wished to make a correction from what was last said, in that there is
apartments that abut to Portola Country Club. Additionally, she found it
interesting that at one time the plans included three-story buildings next to
the apartments, but then they were all moved. She couldn't figure out why
renters would get top priority over residents that have paid a lot of money for
their single-family homes, which didn't make sense.
MS. URSULA GIURBINO, Vanadium Place, Palm Desert, commented that
she worked in the construction field for many years as a coordinator, and she
heard the language of the people working there, mostly the men. And as a
mother, she would not want her child to hear their language. Additionally,
traffic on Hovley will be so congested that she didn't know how a fire truck or
ambulance would make its way through to the school if case of an
emergency, because parents line up in groves to pick up their children.
She's very concerned for the future of our Country and the children.
MR. NEWELL, Applicant, stated that first of all, the City asked him to meet
with Venezia and Portola Country Club HOAs and he did. He met with
Mr. Altorfer and it was a good meeting. He explained the project then Mike
Rowe from MSA met with the board and the result from those meetings was
a letter coming from Venezia saying they were in support of the project. So
to say they didn't make an effort, was not the case. He met with the Portola
Management Company and explained the project to the manager, and she
told him she would distribute the information to all the members. She told
him that she would directly speak to the ten homeowners that backed up to
the project, and he never heard another word from her, adding there was no
collusive effort on the part of the City or his part. He said they have made
some compromises by reducing the number of three-story buildings from
eight to four, which is a 50% reduction; moved garages from Venezia, but
some are saying they want them back. He's ambivalent, but will go with
whatever works; created an 8-foot buffer at Venezia by putting a 10- or 15-
foot hedge of Ficus; created a 27-foot buffer at Portola with rows of trees.
There is actually 105 feet between the back of the Portola homes and the
face of the first apartment building. He said they have tried to buffer and
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landscape, and they have no problem installing the landscape at the
beginning of the project, stating it was understanding anyway. Responding
to comment about property values dropping, he said he's been doing this a
long time and property values do not drop next to one of his projects. As far
as removing some of the amenities, to Mr. Miller's insistence, they removed
the beer garden, which he never even knew was there. They took out the
sand volleyball court to relocate Building 4 and dropped it to two stories
because of the concern with the school. He said he understood the concern,
because he has kids as well. However, realistically, there is the same
possibility from a second story to a third story, so were talking about apples
and oranges there. If they were to take out the main amenity, the 9,000
square -foot clubhouse, which is a fifth of an acre, it would allow them to
replace it with five units. He felt it was impractical and it doesn't achieve the
objective. He said this project has been circulated through the State a
number of times, and this may be the first project he's ever done where there
wasn't a comment made by an agency, a city, county, or private organization,
other than the HOAs. It's about as clean a project that he's ever been
involved in from an environmental and mitigation standpoint. He offered that
this project has been around for 29 years, and it's time for it to get built. It
will be a high -end and mixed income type of project that the City can be
proud about. He believed other cities and other communities will look to this
one as an example of what can be done.
With no further testimony offered, Mayor Jonathan declared the public hearing
closed.
Councilmember Harnik inquired about the clubhouse and courtyard, asking
what it had to offer.
MR. NEWELL replied it has an open courtyard, and the clubhouse includes
the leasing offices for the project and fitness center with exercise equipment.
He confirmed the community room was a gathering place for the surrounding
community.
Mayor Jonathan said he fully understood the passions of the community, and
there was 90% respectful discourse, but he took exception to a couple of
comments he heard early on relating to ridiculous criticism of staff. He said
the City was blessed to have, in its staff members, expertise, knowledge,
passion, honesty, objectivity, and there is nothing that they focus on other
than what is best for this community. So when someone states otherwise,
they are wrong. There were also comments made about lack of
transparency, but it's been his experience that when people don't get what
they want, they look for reasons. He said Council will continue to monitor the
way they make neighbors and residents aware of projects. However, as far
as the transformation of the General Plan, it started with a process that
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involved a committee consisting of more than 100 residents and
stakeholders, and they defined the vision for the City for the next 20 years,
and that process was beyond transparent. He explained that Council and
staff did not define the vision or goals for the City, it was this committee
comprised of residents that did it. It was a very transparent and publicized
process. Staff and Council then considered the input from that committee
and created a Strategic Plan, which was also a public process that included
public hearings, City Council meetings and so forth. Only then did that
Strategic Plan work it's way into the General Plan, but again, with numerous
public hearings. He said transparency, inclusion, participation by residents
is very important. Now he would agree that the City can do a better job, and
it will continue to look for ways to do it. He checked with staff and they did
do the required notifications to residents within 300 feet of the project, but
they also notified the homeowner's associations, which is the City's policy.
The City requested that the associations notify the residents, and if they
failed to do so, he suggested residents have a discussion with their board or
management company. As a City, it encourages developers to consult with
neighbors, but it can't force them to do it. Whether they did an adequate job
or not, the City is not in a position to force it or to make it happen, but it can
certainly request it. In his mind there were some very valid concerns raised
by the residents, and there were multiple requests to continue the matter,
which he thought would be appropriate. He suggested that the developer
meet with the residents. However, he wished to point out that the developer
has made some concessions in that the project started out with eight (8)
three-story buildings and it was now down to four (4). It could be the result
that further meetings or discussion will not provide more concessions, but it
was an opportunity for the developer, now that he has heard from the
residents directly, to look for any other areas of common agreement.
Councilmember Nestande concurred.
Mayor Pro Tem Weber agreed as well, but as far as what the City can do to
improve noticing, stating residents comments have been heard and they
have been recorded. She said Councilmembers have met with residents
one-on-one to hear their concerns, adding that staff takes to heart residents
suggestions. She agreed it would be wonderful if the developer could take
time to meet with the residents one more time, because residents' perception
is that they were not heard. She also understands the City met all the
noticing requirements, but Council has decided to improve on that based on
all the feedback received on this project by going beyond what is required.
As mentioned, the City has been working on this for several years, beginning
with the Envision Palm Desert and moving into the General Plan. Therefore,
the City invites all residents to participate in the City's development and
future plans, including taking input from the City's committees and
commissions. She concurred to voting on this at the next meeting in order
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to clarify a couple of things, but right now as it stands, it sounds like
concessions were made, which she thought were very significant. She was
optimistic that things will work out, but this wasn't the end, because once the
project gets going, the City still needs to make sure the plans are okay, the
stop light is going to work, and the streets will be paved to code, etc. She
invited the residents to consider that Council will continue hearing from them
during the construction as well.
Councilmember Harnik commented that it was mentioned already, but so
often in an unfortunate manner, neighbors become friends and it's over
issues like this. She hopes they continue being good friends and those
relationships for a better community. There was a comment made that this
was done behind closed doors, which is not true, adding it's not how the City
works. In fact, she believes it has been very transparent. Everyone that has
dealt with this project understands it needs as much engagement as
possible. She knew noticing was done, but the City has also learned it can
go beyond what is legally required. She added that she met with Desert
Sands Unified School District regarding school safety, and she learned they
are so proactive in this issue and about student safety. The Sheriff's
Department has met with the District as well, and to think that just by putting
a building there would endanger the children, when somebody can go across
the street in an elevated position at a golf course and cause harm. There is
a myriad of ways that if someone is so evil that they want to hurt children that
they could do so. However, the school districts have done a great job and
they have a good working relationship with the Sheriffs Department. One
comment she heard many times this evening was that this was not about
low-income housing. She disagreed, because initially when she met with
people opposing the project, it was about low-income housing, because she
heard it repeatedly. Residents told her they rather have seniors than low-
income, but here's the good news, we've come a long way. Some have
recognized that Palm Desert integrates housing in a great way, and it's no
longer about low-income housing. As mentioned by Mayor Jonathan, this all
started with the Envision Palm Desert process. In fact, the City went all out
to notify the community by providing public notice, and putting it in the City's
BrightSide Newsletter. She said the City did a great job, it gathered more
than 100 people over a year's time, and from that group came about the
Envision Palm Desert, Strategic Plan, General Plan Update, and Zoning
Update that passed in 2017, which is the latest official document. She
thought it was a great idea to postpone the matter, but for her it was for the
purpose of touring the HOAs, because she was a visual person.
Councilmember Kelly stated she truly hoped that we as a City has learned
from this process. She agreed the City has crossed the T's and dotted the
I's, but it can do a better job by pausing to anticipate whether there are
residents that might experience an impact from something that's happening.
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People are not necessarily reading the BrightSide or watching the City's
website to catch things that could be momentous for them. She hopes staff
has learned to pause and to really reach out so there is as much participation
as possible in its deliberations. In this continuance, the following is a handful
of things she would like to feature that hopefully can get accomplished: 1)
the residents at Portola Country Club would appreciate an 8-foot wall to
assure privacy. The yards along Angel Camp are small enough that it's less
of an issue of preserving the view. There currently isn't a substantial view
from the back yard, but there is a privacy protection issue. Council is hearing
consistently that folks would appreciate an 8-foot wall, and she hoped that
condition can be included; 2) count on the installation of the landscaping to
be done in Phase I, and have it in print to give residents some assurance.
Additionally, explore whether the initial landscaping can be larger than
currently specified; 3) clarify whether the developer will use carports or
garages, because there seems to be confusion among the Venezia residents
as to what is preferable and what will serve them best; 4) create site -line
simulations to address the concern of the impact from the three -stories. She
believed the residents deserve to see such simulation, and it could be helpful
in resolving some concerns. These are the items she would feature as
useful in catching up and filling the gaps that perhaps have existed, given the
City's process was not better than perfect, which she hoped would be the
case in the future.
Councilmember Nestande mentioned she believed the homeowners out
there did not realize this project was going to have a three-story component.
She understands there was noticing, but she's guilty of not always reading
the BrightSide Newsletter herself, stating she goes through her mail very
quickly, she's busy, she's multitasking, so she understands why people
weren't aware. However, it's an honor to be on the City Council, and she
welcomes a continuance so that residents can feel like they're being heard
by the developer.
Mayor Jonathan asked about continuing the meeting to a date that would
allow time for the developer to have a meeting if he was inclined, including
erecting sticks to show the heights, etc., as requested by Councilmember
Kelly.
Councilmember Kelly clarified she was asking for something more in keeping
with today's technological resources, which is a realistic simulation in picture
form.
Mayor Jonathan said his point was that he didn't want to continue to the
meeting of April 26, only to continue it again.
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Councilmember Harnik suggested that if the developer was inclined to meet
with the community member, it would be in everyone's best interest to have
City representation who understood the City's ordinances and codes at the
meeting.
MR. NEWELL stated he would be happy to meet with the residents, stating
that was his intent from the start. He noted he had CDLAC (California Debt
Limit Allocation Committee) time lines to meet, so his preference was to have
the meeting within the next two weeks.
Ms. Aylaian added that if the outcome of the meeting produces new written
material or documents that need to be presented to the City Council and/or
part of the agenda, there wasn't much time unless this meeting was held
over the weekend or Monday or Tuesday of next week. However, if the
outcome of this meeting is just a verbal report out, it could certainly be
handled.
Councilmember Nestande commented that the homeowners are hoping to
have some changes.
MR. NEWELL offered he was down in the desert for the rest of the month,
so he was available anytime. Further responding, he explained they needed
to meet the California Debt Limit Allocation Committee, stating they allocate
the bonds for multi -family tax exemptions. The deadline is July, and it
requires full approval at least 60 days prior.
Mayor Jonathan suggested continuing the matter to April 26, and if for some
reason it doesn't all come together, then the agenda will reflect that the
matter will be continued. He urged those in the audience to check the
agenda or call City Hall to find out what staffs recommendation will be.
Responding to question, he said staff and the developer can speak after this
meeting to set a date to meet with interested parties.
Mr. Hargreaves stated that if the matter is continued to April 26, he
suggested reopening the public hearing.
Councilmember Harnik encouraged everyone to move forward as quickly as
possible in that this has been delayed and gone on for a long time. She
knew this project has created a lot of angst with the residents, and it has not
been easy for the developer or his representative, so she agreed to get this
moving and get the best possible results.
Councilmember Harnik moved to reopen the public hearing and continue the matter
to April 26, 2018, meeting. Motion was seconded by Nestande.
38
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2018
Mayor Jonathan requested staff provide a slide that zooms out showing the
surrounding developments for the next meeting, stating it would be helpful.
He noted staff received direction from Council about other things that will
happen between now and April 26.
Mayor Jonathan called for the vote and the motion carried by a 5-0 vote
(AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None).
XX. ADJOURNMENT
With City Council concurrence, Mayor Jonathan
ATTEST:
RAII`D. KLASJ , S2ETARY
CITY OF PALM DESERT, CALIFORNIA
(
SABBJONATHAN, MAYOR
d the meeting at 7:23 p.m.
39