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HomeMy WebLinkAbout000 05-27-2021 AGENDA CITY OF PALM DESERT REGULAR PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING. (VIRTUAL MEETING) AGENDA THURSDAY, MAY 27, 2021 2:00 p.m. Study Session 3:00 p.m. Closed Session 4:00 p.m. Regular Session Note: In consideration of the current Coronavirus/COVID-19 Pandemic and pursuant to the Governor’s Executive Orders, City Councilmembers may participate via teleconference. City Council Meetings are live-streamed. You can access and view through the City’s website: www.cityofpalmdesert.org under the Council Agenda link at the top of the homepage. THREE OPTIONS FOR PARTICIPATING IN THE MEETING Option 1 - To Participate by email: See detailed instructions on the last page. Option 2 - To Participate using your internet: See detailed instructions on the last page. Option 3 - To Participate using your telephone: See detailed instructions on the last page. AGENDA MAY 27, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 2 CALL TO ORDER – 3:00 P.M. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: Any person wishing to discuss any Closed Session business that is within the subject matter may participate utilizing one of the three options listed on the back page of this agenda. ADJOURN TO CLOSED SESSION: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) (City Council) Property: 10 Acres/North side of Gerald Ford Drive between Cook Street and Portola Avenue (APN 694-120-028) Agency Negotiator: Todd Hileman/Eric Ceja Other Party Negotiator: Palm Communities Property Owner: City of Palm Desert B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Potential cases: 2 C. Conference involving a Joint Powers Agency: SunLine Transit Agency JPA Discussion will concern: Potential Covid litigation Name of local agency representative on Joint Powers Agency Board: Mayor Kathleen Kelly D. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956(d)(1): 1) Vacation Rental Owners and Neighbors (VRON) of Palm Desert v. City of Palm Desert, Riverside County Superior Court, Case No. CVPS2101252 RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING – 4:00 P.M. a) Roll Call b) Pledge of Allegiance to the Flag – Mayor Kathleen Kelly c) Inspiration/Invocation – Councilmember Sabby Jonathan REPORT ON ACTION FROM CLOSED SESSION AGENDA MAY 27, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 3 AWARDS AND PRESENTATIONS None NON-AGENDA PUBLIC COMMENTS – This is an opportunity for the public to speak on issues that are not on the agenda for a maximum of three minutes. Speakers may utilize one of the three options listed on the back page of this agenda. Because the Brown Act does not allow the City Council, Successor Agency, and Housing Authority Boards to take action on items not on the Agenda, members may briefly respond or instead refer the matter to staff for report and recommendation at a future City Council, Successor Agency, or Housing Authority Meeting. CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion. 1. MINUTES of the regular City Council, Successor Agency, and Housing Authority meeting of April 22, 2021. Rec: Approve as presented. 2. APPROVE CLAIMS AND DEMANDS WARRANTS – City: 4/30/2021 and 5/7/2021 (Qty. 3); Successor Agency: 5/14/2021; City and Housing Authority: 5/14/2021. Rec: Approve as presented. 3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE (CC). a) El Paseo Hotel, LLC, 45350 Larkspur Lane, Palm Desert. b) Jolene’s Bar & Lounge, 74868 Country Drive, Suite 103, Palm Desert. c) Revel Palm Desert, 74300 Country Club Drive, Palm Desert. Rec: Receive and file. 4. REQUEST TO RATIFY the City Manager’s authorization to enter into agreement with Ralph Anderson & Associates and authorize the expenditure of up to $80,000 for recruitment services (Contract No. C41540) (CC). Rec: By Minute Motion: a) Ratify the City Manager’s authorization to enter into an agreement with Ralph Anderson & Associate; b) authorize the expenditure of up to $80,000 for recruitment services. AGENDA MAY 27, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 4 5. REQUEST FOR APPROVAL to extend contract for Professional Pool Chemical Delivery Consulting Services to Waterline Technologies, Inc., for one year (FY 2021/2022) in the amount of $73,488 for the Palm Desert Aquatic Center (Contract No. C38562) (CC). Rec: By Minute Motion: a) Extend Contract No. C38560 for one year with Waterline Technologies, Inc. (Waterline), of Santa Ana, California, for professional pool chemical delivery and consulting services for the Palm Desert Aquatic Center (PDAC), effective July 1, 2021, through June 30, 2022; b) authorize the Mayor to execute the contract extension – funds are available in the Supplies-Pool Chemicals, Account No. 2424549-4211100. 6. RESOLUTION NO. 2021-24 – A Resolution of the City Council of the City of Palm Desert, California, adopting a list of projects for Fiscal Year 2021-22 Funded by SB1: The Road Repair and Accountability Act of 2017 (CC) Rec: Waive further reading and adopt. 7. RESOLUTION NO. 2021-25 – A Resolution of the City Council of the City of Palm Desert, California, establishing the Homelessness Taskforce. Rec: Waive further reading and adopt. 8. CONSIDERATION of a letter of support for Senate Bill 314 regarding alcoholic beverages served in local restaurants, bars and music venues (CC). Rec: By Minute Motion, approve the submission of a letter of support for Senate Bill 314 regarding alcoholic beverages served in local restaurants, bars and music venues. 9. CONSIDERATION of a letter of opposition for Senate Bill 9 regarding increased density in single-family zones (CC). Rec: By Minute Motion, approve the submission of a letter of opposition to the appropriate legislators for Senate Bill 9 regarding increased density in single-family zones (CC). 10. ORDINANCE NO. 1366 – An Ordinance of the City Council of the City of Palm Desert, California, adopting a Notice of Exemption under the California Environmental Quality Act; and a Zoning Ordinance Amendment to create Palm Desert Municipal Code Section 25.28.045 San Pablo Overlay District to establish an Overlay District to regulate commercial uses on San Pablo Avenue between Highway 111 and Magnesia Falls, Case No. ZOA 20-0002 (City of Palm Desert, Applicant) (This is the second reading of the Ordinance) (CC). Rec: Waive further reading and adopt. AGENDA MAY 27, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 5 11. ORDINANCE NO. 1367 – An Ordinance of the City Council of the City of Palm Desert, California, to apply the San Pablo Overlay District to all commercial properties on San Pablo between Highway 111 and Magnesia Falls; and adopting a Notice af Exemption in accordance with the California Environmental Quality Act (CEQA), Case No. ZOA 20- 0002 (City of Palm Desert, Applicant) (This is the second reading of the Ordinance (CC). Rec: Waive further reading and adopt. 12. AUTHORIZE Mayor to appoint two Councilmembers to work with the Public Information Officer and City Attorney to review current practices of issuance of City proclamations (CC). Rec: By Minute Motion, authorize the Mayor to appoint two members of the City Council to work with the Public Information Officer and City Attorney to review current practices on issuance of City proclamations and draft a policy achieving greater clarity for consideration at a future Council meeting. ACTION CALENDAR 13. RESOLUTION NO. 2021-26 - A RESOLUTION APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT AND UNIVERSITY PARK INVESTOR, LLC PERTAINING TO CFD NO. 2021-1 (UNIVERSITY PARK), AND CONDUCT THE SECOND READING OF AND ADOPT ORDINANCE NO. 1365 RELATED TO COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT (CC). Rec: That the City Council: a) Waive further reading and adopt Resolution No. 2021-26, approving the Form of a Joint Community Facilities Agreement (JCFA) by and among the City of Palm Desert, the Coachella Valley Water District (CVWD), and University Park Investor, LLC (UPI), Pertaining to the City of Palm Desert Community Facilities District No. 2021-1 (University Park); and b) Acting in its capacity as the legislative body of City of Palm Desert Community Facilities District No. 2021-1 (University Park), waive further reading and adopt Ordinance No. 1365 authorizing the levy of the special tax within the district. AGENDA MAY 27, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 6 14. REQUEST FOR APPROVAL OF ACTIONS IN CONNECTION WITH THE PARCEL IDENTIFIED AS APN 694-120-028 RELATED TO COMPLIANCE WITH THE SURPLUS LAND ACT AND AN EXCLUSIVE NEGOTIATION AGREEMENT WITH PALM COMMUNITIES (Contract No. C41550) (CC). Rec: Waive further reading and adopt Resolution No. 2021-27, a resolution: a) Declaring the City-owned property located on the north side of Gerald Ford Drive between Cook Street and Portola Avenue and identified as APN 694-120-028 as “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(A); b) Authorizing the City Manager, with the consent of the City Attorney, to execute an Exclusive Negotiation Agreement (“ENA”) with Palm Communities for the purpose of negotiating the terms and conditions of an agreement for the sale of the property to Palm Communities and the construction of a housing development on the Property that complies with Government Code Section 37364; and c) Authorizing staff and officers of the City to take such actions as they deem necessary or proper to effectuate the purposes of the Resolution. 15. REQUEST FOR DIRECTION REGARDING THE REOPENING OF CITY FACILITIES TO WALK-IN, IN-PERSON SERVICES AND MEETINGS, INCLUDING THE RESUMPTION OF IN-PERSON COMMITTEE, COMMISSION, AND COUNCIL MEETINGS (CC). Rec: By Minute Motion, provide staff with direction regarding the reopening of City facilities to walk-in, in-person services and meetings, including the resumption of in-person Committee, Commission, and Council meetings. AGENDA MAY 27, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 7 16. REQUEST FOR DIRECTION ON EL PASEO RELATED ITEMS: DINING DECKS, RAISED MID-BLOCK CROSSWALKS, AND THE EXISTING PAINTED CROSSWALKS (CC). Rec: By Minute Motion: Dining Decks: a) Staff recommends that the City Council extends the Temporary Use Permits (TUPs) for the outdoor dining decks for one year; b) Staff recommends that the City Council implement the outdoor dining deck design guidelines, and direct staff to work with the restaurant owners to modify the dining decks to comply with the guidelines; and c) Staff recommends that the City Council authorize staff to utilize the remaining unspent Unite Palm Desert Outdoor Dining Grant funds, up to $5,000/restaurant to provide for safety and aesthetic upgrades to outdoor dining decks located within public right-of-way. Raised Mid-Block Crosswalks: d) Staff recommends that the City Council directs staff to prepare a Request for Proposal for engineering design services for two raised mid-block crosswalks along the west-end of El Paseo, and request $50,000 for engineering design services, and confirm locations, while working with the business and property owners, and budget for an additional $500,000 to construct two additional raised mid-block crosswalks. Enhanced Painted Crosswalks: e) Staff recommends that the City Council provides direction to remove or maintain the enhanced painted crosswalks on El Paseo, Larkspur Lane, and Highway 74; and f) Staff recommends that the City Council direct staff to continue outreach with merchants and residents for permanent design concepts for crosswalks along the entire street of El Paseo (paint, pavers, bricks, and colored asphalt). INFORMATION ITEMS None AGENDA MAY 27, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 8 PUBLIC HEARINGS 17. CONSIDERATION TO APPROVE A PRECISE PLAN (PP), CONDITIONAL USE PERMIT (CUP), TENTATIVE PARCEL MAP (TPM) 38023, AND A DISPOSITION AND DEVELOPMENT AGREEMENT (DDA), WITH CHANDI GROUP USA TO DEVELOP A THREE-STORY MIXED-USE BUILDING ON THE CITY-OWNED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SAN PABLO AVENUE AND FRED WARING DRIVE; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case Nos. PP/CUP 20-0003 and TPM 38023 (Chandi Enterprises, LLC, Applicant) (CC). Rec: That the City Council; a) Waive further reading and adopt Resolution No. 2021-28, approving Case Nos. PP/CUP 20-0003 and TPM 38023 to construct a three-story mixed- use building, subject to the conditions of approval; and adopt a Notice of Exemption; b) By Minute Motion, approve the attached DDA substantially to form with Chandi Enterprises, LLC and authorize the Mayor to execute the DDA for disposition of the above-referenced site for $940,000, the appraised fair market value; and c) By Minute Motion, authorize the City Manager and City Attorney to make conforming and clarifying changes to the DDA as needed to take such further actions to implement the DDA. MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION CITY MANAGER COMMENTS ADJOURNMENT AGENDA MAY 27, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 9 THREE OPTIONS FOR PARTICIPATING IN THE MEETING Option 1 - To Participate by e-mail: 1. Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org E-mails received by 12:00 noon prior to the start of the meeting will be made part of the record and distributed to the City Council. This method is encouraged because it will give Councilmembers the opportunity to reflect upon your input. Emails will not be read aloud. Option 2 - To Participate and Provide Verbal Comments by Using Your Internet: 1. Click the link: https://palmdesert.zoom.us 2. Passcode: 713286 Webinar ID: 833-6744 9572 Option 3 - To Listen and Provide Verbal Comments Using Your Telephone: 1. Dial (for higher quality, dial a number based on your current location): 2. Telephone: US: +1 669 900 9128 or +1 213 338 8477 or +1 669 219 2599 or +1 971 247 1195 or +1 253 215 8782 or +1 602 753 0140 If there are high volumes of calls, please continue dialing until you connect successfully 3. Enter the Meeting ID: 833 6744 9572 Passcode: 713286 followed by #. 4. Indicate that you are a participant by pressing # to continue 5. You will hear audio of the meeting in progress. Remain on the line if the meeting has not yet started. 6. During the meeting, Press *9 to add yourself to the queue and wait for City Clerk staff to announce your name/phone number. The City Clerk will unmute your line when it is your turn to speak. Limit your comments to three (3) minutes. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies regarding any item on this agenda, are available for public inspection at City Hall and on the City’s website at www.cityofpalmdesert.org. Declaration of Posting: I M. Gloria Sanchez, Acting City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board no less than 72 hours prior to the meeting. Dated this 21st day of May, 2021. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. M. Gloria Sanchez M. Gloria Sanchez, Acting City Clerk