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HomeMy WebLinkAbout04B 05-27-2021 Draft MinutesCITY 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) DRAFT MINUTES THURSDAY, MAY 27, 2021 CALL TO ORDER — 3:00 P.M. Mayor Kelly convened the meeting at 3:00 p.m. ROLL CALL Present: Mayor Pro Tem/Vice Chair/Vice Chairman Jan C. Harnik Councilman/Director/Member Sabby Jonathan Councilmember/Director/Member Gina Nestande Councilmember/Director/Member Karina Quintanilla Mayor/Chair/Chairman Kathleen Kelly Also Present: Todd Hileman, City Manager/Executive Director (joined following roll call) Robert W. Hargreaves, City Attorney Andy Firestine, Assistant City Manager Janet Moore, Director of Finance M. Gloria Sanchez, Acting City Clerk/Acting Secretary Niamh Ortega, Acting Deputy City Clerk PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: None DRAFT MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ADJOURN TO CLOSED SESSION: MAY 27, 2021 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 None AWARDS AND PRESENTATIONS None 2 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting NON -AGENDA PUBLIC COMMENTS MAY 27, 2021 MR. MICHAEL HARRINGTON spoke regarding his desire for a commission addressing diversity and human rights, stating it would be in the best interest of businesses, residents and visitors. He provided examples of a recent negative experience on El Paseo and the interaction between councilmembers at a recent Council meeting. MS. PAULINA ANGEL, counselor at Unity Hope, shared information about the organization, stating it is a free crisis counseling assistance and training program funded by the Federal Emergency Management Agency (FEMA). Ms. Angel discussed the various services offered by the agency, and offered for the community to contact her at paulina@unityhelp.org. 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. 3 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting MAY 27, 2021 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). This item was removed from the consent calendar for further discussion and action. It was then voted on and approved. Mayor Pro Tem Harnik moved to, 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. Motion was seconded by Nestande and carried by a 4-1 vote (AYES: Harnik, Jonathan, Nestande, and Kelly; NOES: Quintanilla). 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 4 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting MAY 27, 2021 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. 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 of 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. Mayor Pro Tem Harnik moved to waive further reading and adopt 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 of Exemption in accordance with the California Environmental Quality Act (CEQA), Case No. ZOA 20- 0002. Motion was seconded by Nestande and carried by a 4-1 vote (AYES: Harnik, Jonathan, Nestande, and Kelly; NOES: Quintanilla). 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). This item was removed from the consent calendar for further discussion and action. It was then voted on and approved. Councilmember Jonathan moved to 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. Motion was seconded by Harnik carried by a 4-1 vote (AYES: Harnik, Jonathan, Nestande, and Kelly; NOES: Quintanilla). Upon motion by Mayor Pro Tem Harnik, second by Nestande and 5-0 vote of the City Council, the remainder of Consent Calendar was approved as presented (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 5 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ACTION CALENDAR MAY 27, 2021 13. RESOLUTION NO. 2021-26 - A RESOLUTION APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT (C41640) 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 (Contract No. C41640) (CC). Councilmember Nestande moved to a) Waive further reading and adopt Resolution No. 2021-26, approving the Form of a Joint Community Facilities Agreement (JCFA) (Contract No. C41640) 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. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None). 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). Mayor Pro Tem Harnik moved to 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. Motion was seconded by Quintanilla and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None). 6 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting MAY 27, 2021 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). Mayor Pro Tem Harnik moved to approve the re -opening plan as presented and directed staff to continue to refine the plan as more information is available from the County and State. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None). 16. REQUEST FOR DIRECTION ON EL PASEO RELATED ITEMS: DINING DECKS, RAISED MID -BLOCK CROSSWALKS, AND THE EXISTING PAINTED CROSSWALKS (CC). MS. SALLY HILL, owner of Sweet Basil California Eatery, thanked Council and City for its quick response and working with restaurants to allow the construction of dining decks and providing assistance through the COVID pandemic. Ms. Hill noted she did not receive any negative feedback from customers relative to her dining deck, and she feels it adds ambience to El Paseo and enhances the experience for locals and guests. Councilmember Jonathan moved to, by Minute Motion, a) direct staff to draft and present its proposed regulations at the June 24, 2021, Council meeting; and b) continue further discussion on raised mid -block crosswalks and enhanced painted crosswalks until a study session is scheduled to review the broader plan for El Paseo, noting the intent to move the project forward as soon as possible. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None). INFORMATION ITEMS None 7 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting PUBLIC HEARINGS MAY 27, 2021 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). Mayor Kelly declared the public hearing open, and hearing no public comment, declared the public hearing closed. Councilmember Jonathan moved to: 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) 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) 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. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION Councilmember Quintanilla: Reported her attendance at the Community Museum of the Desert, rebranded from Children's Discovery Museum of the Desert and highlighted some of the changes being made to their audience and types of activities. She also requested support for the presentation by Paulina Angel for the Unity Hope project. Her last request was to enable captions for public meetings. Councilmember Jonathan: Reported he attended his assigned committee, commission and board meetings. He asked that staff to revisit the timing of the planned regional park as it relates to the construction of 10-acre affordable housing project. Mayor Pro Tem Harnik: Reported her attendance at various local and regional meetings and said there is a lot of good work being done in the community. She highlighted her attendance at the Leadership Coachella Valley graduation recently and noted Senior Management Analyst Veronica Tapia was a member of the graduating class this year. 8 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting MAY 27, 2021 Councilmember Nestande: Reported that the Riverside County Board of Supervisors recently voted unanimously to support the construction of a sports arena in the unincorporated area just north of Palm Desert. She noted the groundbreaking event is scheduled at 3pm on Wednesday, June 2, 2021. Mayor Kelly: Provided an update on Sunline Transit Agency's rideshare pilot program, sharing it has been extremely successful and will be an asset as students return to CSUSB Palm Desert Campus. Information is available from the bus driver and on Sunline's website. CITY MANAGER COMMENTS None ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Kelly adjourned the meeting at 5:32 p.m. KATHLEEN KELLY MAYOR/CHAIR/CHAIRMAN ATTEST: M. GLORIA SANCHEZ, ACTING CITY CLERK AND ACTING SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority 9