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Home My WebLink About00 2022-0224 Agenda - final (rev 02-18) CITY OF PALM DESERT REVISED REGULAR PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (VIRTUAL MEETING) THURSDAY, FEBUARY 24, 2022 3:30 p.m. Study Session 4:00 p.m. Regular Session Note: Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location. City Council Meetings are live-streamed. You can access and view the meetings through the City’s website at https://www.cityofpalmdesert.org and click on “Council Agenda” at the top of the page. Options for participating in the meeting: To participate by email, internet or telephone, see detailed instructions on the last page. AGENDA – Revised FEBRUARY 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 2 CLOSED SESSION Due to a lack of agenda items, the closed session meeting will not take place. CONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING – 4:00 P.M. a) Roll Call b) Pledge of Allegiance to the Flag – Councilmember Kathleen Kelly c) Inspiration/Invocation – Mayor Jan C. Harnik AWARDS, PRESENTATIONS, AND APPOINTMENTS CITY MANAGER COMMENTS MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION 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 January 27, 2022 (CC) (SA) (HA) ............................................................ Page 9 Rec.: Approve as presented. 2. RECEIVE CLAIMS AND DEMANDS WARRANTS: City: 1/28/2022, 1/31/2022, and 2/4/2022 (CC); and Successor Agency: 1/31/2022 and 2/4/2022 (SA) ...... Page 19 Rec.: Receive and file. AGENDA – Revised FEBRUARY 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 3 3. RECEIVE AND FILE applications for an Alcoholic Beverage License for: (CC) ..... ................................................................................................................... Page 39 a. Breakfast Republic & Eggies – 44491 Town Center Way, Suite A b. Shadow Mountain – 73800 Ironwood Street Rec.: Receive and file. 4. RESOLUTION of the Board of the Successor Agency to the Palm Desert Redevelopment Agency Finding that Real Property Identified as the approximate +/-93 acres from APN 694-310-002, 694-310-003, and a portion of 694-310-006 are Not Subject to Requirements of the Surplus Land Act. (SA) ............................................. Page 47 Rec.: That the Successor Agency Board: 1. Waive further reading and adopt Successor Agency Resolution finding that the real property owned by the Successor Agency to the Palm Desert Redevelopment Agency (“SARDA”) located on the south side of Gerald Ford Drive, east of the Palm Desert Sheriff Station, identified as the approximate +/- 93 acres from APN 694-310-002, 694-310-003, and a portion 694-310-006 are not subject to requirements of the Surplus Land Act (SLA); 2. Authorize staff to submit a copy of this resolution to the California Department of Housing and Community Development (“HCD”); and 3. Authorize the Executive Director, its designee, and staff in consultation with SARDA legal counsel to take any other actions they deem appropriate or necessary and are consistent to effectuate the purpose of the proposed resolution. 5. RESOLUTION to authorize the destruction of paper records that have been digitally imaged from the Development Services Department (Planning/Land Development Division) to rely on the electronic record as the official record (CC) .......... Page 65 Rec.: Waive further reading and adopt. 6. RESOLUTION to adopt goals and priorities for 2022 calendar year (CC) . Page 71 Rec.: Approve a resolution adopting the City Council’s goals and priorities for the 2022 calendar year. 7. RESOLUTION to oppose Initiative 21-0042A1 (CC) .................................. Page 77 Rec.: Approve a resolution opposing Initiative 21-0042A1. 8. RESOLUTION to support net energy metering (CC) ............................... Page 105 Rec.: Approve resolution in support of net energy metering. AGENDA – Revised FEBRUARY 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 4 9. APPROVE Amendment No. 1 to the City Manager’s Employment Agreement effective March 1, 2022 (Contract No. C41110) (CC) ............................................ Page 111 Rec.: By Minute Motion, Approve Amendment No. 1 to the City Manager’s Employment Agreement with L. Todd Hileman (Exhibit A) effective March 1, 2022. 10. APPROVE out-of-state travel for Special Programs Manager and Public Art Management Analyst to attend the 2022 Americans for the Arts Annual Conference from May 18-20, 2022 in Washington D.C. (CC) ................................................................... Page 115 Rec.: By Minute Motion, authorize out-of-state travel for Special Programs Manager and Public Art Management Analyst to attend the 2022 Americans for the Arts Annual Conference from May 18-20, 2022 in Washington D.C. 11. APPROVE out-of-state travel for Permit Center Supervisor to attend the 2022 Central Square Permit Software Conference March 26-30, 2022 in Orlando, Florida (CC) ................................................................................................................. Page 119 Rec.: By Minute Motion, authorize the out-of-state travel for the Permit Center Supervisor to attend the 2022 Central Square Permit Software Conference March 26-30, 2022 in Orlando, Florida 12. APPROVE reimbursement to La Quinta Brewing Company for its public art fee in the amount of $6,200 for Hazy Palms by Artist John Cuevas (CC) ............... Page 121 Rec.: By Minute Motion: 1. Authorize reimbursement to La Quinta Brewing Company of its public art fee in the amount of $6,200 for Hazy Palms by John Cuevas; and 2. Authorize the Mayor to execute the Public Art Agreement. 13. RECEIVE AND FILE the City of Palm Desert audited financial report for the fiscal year ended June 30, 2021 (CC) ....................................................................... Page 139 Rec.: Receive and file. 14. RECEIVE AND FILE the Independent Accountants’ Report on Agreed-Upon Procedures Performed on the Measure A Transportation Fund for the fiscal year ended June 30, 2021 (CC) ......................................................................................................... Page 381 Rec.: Receive and file. 15. RECEIVE AND FILE the Palm Desert Recreational Facilities Corporation audited financial reports for the fiscal year ended June 30, 2021 (CC) .............................. Page 393 Rec.: Receive and file. CONSENT ITEMS HELD OVER AGENDA – Revised FEBRUARY 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 5 ACTION CALENDAR 16. ORDINANCE and RESOLUTION adopting a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA), and approval of a Change of Zone to establish a higher residential density (eight (8) units per acre), Tentative Parcel Map 38033, and a Precise Plan to construct 32 single-story condominium units, clubhouse, and pool/spa on 3.91 acres at the southwest corner of Gerald Ford Drive and Shepherd Lane (CC) ........................................... Page 421 Rec.: Waive further reading and adopt the following: 1. Pass to second reading an Ordinance approving Change of Zone 21-0001 to establish a higher residential density from five (5) units per acre to eight (8) units per acre and adoption of a Mitigated Negative Declaration in accordance with CEQA; and 2. Adoption of Resolution approving a Tentative Parcel Map 38033, and Precise Plan 21-0008 to construct a 32 single-story unit condominium project, clubhouse, and pool/spa on 3.91 acres at the southwest corner of Gerald Ford Drive and Shepherd Lane. 17. ORDINANCE amending Palm Desert Municipal Code Section 2.34.010, to base commissioner and committee member attendance upon the fiscal year (CC) ........ ................................................................................................................. Page 655 Rec.: Waive further reading and pass to second reading an Ordinance amending Palm Desert Municipal Code Section 2.34.010 to base commissioner and committee member attendance upon the fiscal year. 18. CONSIDERATION of an appeal to reaffirm City staffs’ decision to deny the issuance of ten Short-Term Rental (STR) permits related to the Planned Residential zoning district that do not comply with Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals Section 5.10.070 because the ten properties do not exist within an Homeowners’ Association (HOA) as envisioned by that Chapter (CC) ............................................................ Page 659 Rec.: By Minute Motion: 1. Deny the applicants’ appeal for the reasons outlined in this report, thereby reaffirming City staffs’ decision to deny the issuance of ten STR permits that do not comply with Palm Desert Municipal Code (PDMC) Section 5.10.070 since they do not exist within an HOA as contemplated by that Section; and 2. Direct the STR Subcommittee to guide the drafting of a formal definition for an HOA, and initiate a Zoning Ordinance Amendment (ZOA) to Chapter 5.10, and present the ZOA to the City Council at a date uncertain. AGENDA – Revised FEBRUARY 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 6 19. REQUEST FOR DIRECTION regarding recommendations contained in the 2021 Broker’s Report (CC) ............................................................................................. Page 767 Rec.: By Minute Motion: 1. Receive and file the 2021 Business Report; and 2. Provide City staff direction to initiate a Zoning Ordinance Amendment (ZOA) to execute the recommendations contained in the 2021 Commercial Broker’s Report to add new land use categories, remove certain land-uses from requiring a Conditional Use Permit, and to add new land use definitions to the Zoning Ordinance. 20. AUTHORIZE the advertisement of a Request for Proposal (RFP) for Automatic License Plate Recognition (ALPR) technology at selected intersections (CC) ......... Page 781 Rec.: By Minute Motion: 1. Authorize the advertisement of a Request for Proposal (RFP) for Automatic License Plate Recognition (ALPR) technology at selected intersections and the formation of a selection committee consisting of member(s) of the Public Safety Commission, City Council, and staff; and 2. Appoint one or more members of City Council to participate on the selection committee. 21. Approval of a Second Amendment to the Agreement for Law Enforcement Services between the City of Palm Desert and the County of Riverside (Contract No. C38780) (CC) ..................................................................................................................... Page 815 Rec.: By Minute Motion, approve a second amendment to the agreement for law enforcement services between the City of Palm Desert and the County of Riverside (Contract No. C38780). PUBLIC HEARING 22. REDRAWING of Council member district boundaries (CC) ..................... Page 879 Rec.: By Minute Motion: 1. Receive a report from staff and the City’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and 2. Conduct a public hearing to receive public input on district boundaries. 23. ORDINANCE to approve the Zoning Ordinance Amendment to modify Palm Desert Municipal Code Section 25.34.060 regarding time-share projects (CC) ..... Page 903 Rec.: Open public hearing and continue item for consideration at the next regular meeting of March 24, 2022. AGENDA – Revised FEBRUARY 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 7 24. RESOLUTION to approve an addendum to the Mitigated Negative Declaration and amendment to Tentative Parcel Map 37157 for Monterey Crossing, an 18-acre mixed use commercial development located at the northeast corner of Monterey Avenue and Dinah Shore Drive (CC) ...................................................................................... Page 905 Rec.: Waive further reading and adopt a resolution approving the addendum to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and an amendment to Tentative Parcel Map 37157. ADJOURNMENT AGENDA – Revised FEBRUARY 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 8 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. Emails will not be read aloud. Option 2 - To Participate and Provide Verbal Comments by Using Your Internet: 1. Access via https://www.cityofpalmdesert.org/zoom and click “Launch Meeting” or 2. Access www.zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572 Option 3 - To Listen and Provide Verbal Comments Using Your Telephone: 1. Dial (669) 900-9128 or (213) 338-8477 or (669) 219-2599 or (971) 247-1195. 2. Enter the Meeting ID: 833 6744 9572 followed by #. 3. Indicate that you are a participant by pressing # to continue. 4. You will hear audio of the meeting in progress. Remain on the line if the meeting has not yet started. 5. 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 https://www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page. Declaration of Posting: I, Níamh M. Ortega, Deputy 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 revised 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 18th day of February, 2022. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Níamh M. Ortega _ Niamh M. Ortega, Deputy City Clerk