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HomeMy WebLinkAboutPost-Meeting Agenda Package - StudySession_Jan25_2024 PALM DESERT CITY COUNCIL, SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY MEETING REGULAR MEETING POST-MEETING AGENDA Thursday, January 25, 2024 2:30 p.m. Council Chamber, City Hall 73-510 Fred Waring Drive Palm Desert, California NOTICE IS HEREBY GIVEN that the purpose of the Study Session is to review the items listed on the agenda. No action will be taken. Pages 1.CALL TO ORDER - STUDY SESSION 2.STUDY SESSION TOPICS 2.a STUDY SESSION: CITY COUNCIL ROLES AND NEW LAWS & ELECTIONS UPDATE 3 2.b STUDY SESSION: TRAFFIC ASSESSMENT STUDIES OF EL PASEO RAISED MID-BLOCK CROSSINGS AND UNIVERSITY PARK ON-STREET PARKING OPTIONS 2.c STUDY SESSION: PALM DESERT FARMERS' MARKETS UPDATE 21 *2.d STUDY SESSION: COTINO DEVELOPMENT UPDATE 25 3.ADJOURNMENT 4.PUBLIC NOTICES NOTE: Pursuant to Assembly Bill 2449, this meeting may be conducted by teleconference. Study Session is accessible in person or on the City’s website: www.palmdesert.gov under the Council Agenda link at the top of the page. Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Council Agenda” at the top of the page. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I, Níamh M. Ortega, Assistant 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 and City website www.palmdesert.gov no less than 72 hours prior to the meeting. /S/ Níamh M. Ortega Assistant City Clerk City Council Study Session Page 2 of 36 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 25, 2024 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: STUDY SESSION: CITY COUNCIL ROLES AND NEW LAWS & ELECTIONS UPDATE RECOMMENDATION: Receive and file a presentation regarding City Council Roles and New Laws and Elections Update. BACKGROUND/ANALYSIS: City staff will provide an update on recent changes to the laws related to the Brown Act, Political Reform Act, and Elections. In addition, we will provide a refresher on the role of City Council Liaisons and Alternates to Boards, Commissions, Committees, and Task Forces (collectively known as “Appointed Bodies”). Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no fiscal impact. ATTACHMENT: 1. Presentation Page 3 of 35 Page 4 of 35 Get Started January 25, 2024 STUDY SESSION: CITY COUNCIL ROLES AND NEW LAWS & ELECTIONS UPDATE Page 5 of 35 AB 2449 allows individual members to remote participation for Just Cause and Emergency Circumstances. Cannot exceed 3 consecutive months or 20% of regular meetings. AB 557 provides for a legislative body to meet remotely during a proclaimed state of emergency to determine whether meeting in person would present imminent risks to health and safety. Finding must be renewed every 45 days. Assembly Bill 2449 Sunsets January 2026 Assembly Bill 557 No Sunset Date The Brown Act & Remote Participation Page 6 of 35 Annual Work Plans Role of City Council Liaisons Role of Alternate City Council Liaisons Boards, Commissions, Committees, & Task Forces Palm Desert Municipal Code 2.34.060: City council liaisons facilitate communication between the city council and appointed bodies. A city council liaison is not a member nor advocate of the appointed body and does not give direction or influence decisions but can assist and provide information. Page 7 of 35 Ballot Designations Elections Code 13107(a)(1): Words designating the elective city office which the candidate holds at the time of filing the nomination documents to which the candidate was elected by vote of the people Mayor & Mayor Pro Tem Council Member/Incumbent Can not be used as a ballot designation. These titles can be used in the candidate statement. Councilmember is an acceptable ballot designation Incumbent may not be used for district-based elections, unless the member was directly elected from that district. Page 8 of 35 Senate Bill 1439: Amendments to the Levine Act Local officials must recuse themselves from most license, permit, contract, or other entitlement decisions involving a person who contributed more than $250 to their political campaigns within 12 months before the decision, unless they comply with specific disclosure and refund requirements. Local officials are prohibited from accepting, soliciting, or directing campaign contributions over $250 from a party or participant involved in a pending proceeding to any political campaign committee - their own or others. This prohibition lasts 12 months after a final decision. Page 9 of 35 Page 10 of 35 BBKLAW.COM © 2024 Best Best & Krieger LLP Brief Update on Levine Act January 25, 2024 Page 11 of 35 The Levine Act (Gov. Code § 84308) •Previous Rule: Political Reform Act – A campaign contribution is not a source of income and therefore does not give rise to a conflict Levine Act (Part of PRA) – If the board is appointed, not elected, then there is a conflict of interest in those who made a campaign contribution of more than $250 Applies to proceedings for licenses, permits, entitlements and most contracts Contract exceptions: competitively bid, labor and personal employment •New Rule (SB 1439): As of 1/1/23, the Levine Act applies to both elected and appointed bodies 2Page 12 of 35 The Levine Act - SB 1439 •While a proceeding is pending, and for 12 months following the final decision, an “officer” (elected or appointed) must not accept, solicit, or direct a contribution of more than $250 from a party, party’s agent, or participant or participant’s agent (if the officer knows the participant has a financial interest) Applies to contributions to the officer and to contributions to others directed by the officer For contributions following the final decision, the official can cure the violation if contribution is returned within 14 days (and certain conditions are met) 3Page 13 of 35 The Levine Act - SB 1439 •Officer must disclose on the record any contributions of more than $250 received within the past 12 months from any party or participant in the proceeding, or their agents •Officer must not participate in any proceeding if the officer has willfully or knowingly received a contribution of more than $250 from a party, participant, or agent (if the officer knows the participant has a financial interest) within the past 12 months Does not apply if the contribution is returned within 30 days 4Page 14 of 35 For Example: 5 Date of the decision at issue 12 months before: if an officer received a contribution from a party or participant, officer must (1) disclose on record and (2) recuse from decision for next 12 months. At time of decision and for 12 months after: officer is prohibited from receiving a contribution greater than $250 from a party or participant. Page 15 of 35 The Levine Act – SB 1439 •“Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. •“Participant” means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision •“License, permit, or other entitlement for use” means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises. (Gov. Code § 84308) 6Page 16 of 35 The Levine Act – SB 1439 •A person is the “agent” of a party to, or a participant in, a pending proceeding involving a license, permit or other entitlement for use only if: the person represents that party or participant for compensation and appears before or otherwise communicates with the governmental agency for the purpose of influencing the pending proceeding. •If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are “agents.” (2 Cal. Code Regs. § 18438.3) 7Page 17 of 35 The Levine Act - SB 1439 •Party to a proceeding must disclose a contribution of more than $250 made within the past 12 months by the party or party’s agent •Party and participant (and their agents) must not make a contribution of more than $250 to any officer of the agency while the proceeding is pending and for 12 months following the proceeding •Do not have a proactive duty to investigate potential financial interests (“know or have reason to know”) 8Page 18 of 35 BBKLAW.COM © 2024 Best Best & Krieger LLP DISCLAIMER: BB&K presentations and webinars are not intended as legal advice. Additional facts, facts specific to your situation or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein. Audio or video recording of presentation and webinar content is prohibited without express prior consent. Questions? Anne Branham, Anne.Branham@bbklaw.com Isra Shah, Isra.Shah@bbklaw.com Page 19 of 35 Page 20 of 35 PALM DESERT FARMER’S MARKET(S) Page 21 of 35 PALM DESERT FARMERS' MARKETS October thru May Wednesday's between 8:00 am and 2:00 pm For -profit operator Not City Sponsored October thru April Sunday’s between 8:00 am and 1:00 pm Non-profit operator City Sponsored Page 22 of 35 COACHELLA VALLEY MARKET COMPARISON City Levels of Sponsorship Levels of Marketing Comments Original Certified Palm Desert Farmers Market $19,696 Facebook: 7 Twitter: 2 City Sponsored Sunday Farmers Market. Certified Farmers Market Palm Desert None Facebook: 17 Twitter: 3 Not a City Sponsored Farmers Market (Wednesday) Indio None Miscellaneous reposts on social media. Not set schedule and the City does not generate content CV Harvest Box is the operator. No Certified Market operator at this time. Indian Wells None Miscellaneous reposts on social media. Not set schedule and the City does not generate content As a private-business the City is not providing any additional assistance nor advertising than they would for others. La Quinta None Miscellaneous reposts on social media. Not set schedule and the City does not generate content Limited contact between the City and operator as the operator is on private property and most information flows through Old Town La Quinta Management Rancho Mirage None At City park, consider it a city event, provided mailers to residents in proximity to event, promote more on social media. Rancho Mirage considers the market a special event, different from other for-profit businesses and provides space at a City park, fee waivers, and assist with advertising. Page 23 of 35 ALTERNATIVE LOCATIONS San Pablo – previous location, electrical and water available. Business disruption Civic Center Park – conflicts with other park uses and municipal code The Mall – ample parking and HWY 111 visibility, water availability unknown Page 24 of 35 Section 31/Cotino Development Update City Council Study Session January 25, 2024 Page 25 of 35 Section 31/Cotino Specific Plan •175,000 SF square feet neighborhood commercial uses, •1,932 residential units •400 hotel keys •34-acre multi-use Grand Oasis Crystal Lagoon® Residential Phases 1 A, B, C •516 Residential Units •Clubhouse and Restaurant Page 26 of 35 Town Center Phase 1 Restaurants (2) 9,057 SF Retail/Restaurant 25,254 SF Artisan Village 1,844 SF BoH & Restroom 4,824 SF Page 27 of 35 Page 28 of 35 Page 29 of 35 Specific Plan Access/Circulation Page 30 of 35 Bicycle Facilities Page 31 of 35 Coordination Efforts 1.Construction Traffic Management Plans –City Engineer & Public Works 2.Intersection/Signal Improvements –City Engineer 3.2040 Traffic Improvements –Public Works, CIP, & Development Services •Portola Avenue & Country Club Drive •13% fair -share contribution for additional turn lanes •Monterey Avenue & Fred Waring Drive •3% fair -share contribution for turn lane modifications 4.Explore Management of Traffic Signals along Monterey –Public Works •Rancho Mirage does not participate in CV-Sync •Shared Costs Page 32 of 35 Page 33 of 35 Monterey & Shadow Ridge Intersection Page 34 of 35 Questions Page 35 of 35