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HomeMy WebLinkAbout2004-01-08 Posted AgendaPOSTED AGENDA Regular Meetings of The Palm Desert City Council and Redevelopment Agency for Thursday, January 8, 2004 Civic Center Council Chamber ow Please set your pagers and cell phones to silence mode. wm 3:00 P.M. — Closed Session 4:00 P.M. — Regular Session and Public Hearings 6:00 P.M. — Dinner Break (optional) 7:00 P.M. — Continuation of Regular Session and Public Hearings (if necessary) Tips to "Flex Your Power:" Reduce your lighting — Turn off lights in unoccupied areas, remove excess lighting, and turn off signage and other lights not necessary for security and safety. Assistive Listening Devices available upon request. Please contact the City Clerk's Office, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760)346-0611, for assistance with access to any of the Agenda, materials, or participation at the Meeting. Palm Desert City Council Robert A. Spiegel, Mayor Buford A. Crites, Mayor Pro-Tempore Jean M. Benson, Councilmember Jim Ferguson, Councilman Richard S. Kelly, Councilman Staff Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Mark Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Martin Pinon, Director of Human Resources Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs Richard Twedt, Public Arts Manager Gary Rosenblum, Risk Manager POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 8, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) Any person wishing to discuss any item of Closed Session business may address the City Council or Redevelopment Agency Board at this point by stepping to the lectern and aivina his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the City Council or Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Redevelopment Agency Board to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation at a future City Council or Redevelopment Agency meeting. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 2 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Mayor Robert A. Spiegel VII. INVOCATION - Councilman Jim Ferguson POSTED AGENDA - REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 VIII. ORAL COMMUNICATIONS - B Any person wishing to discuss any item not scheduled for public hearing may address the City Council or Redevelopment Agency Board at this point by stepping to the lectern and aivina his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the City Council or Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Redevelopment Agency Board to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation' at a future City Council or Redevelopment Agency meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE BORDERS BOOKS AND CROWN BOOK OUTLET FOR THEIR GENEROUS DONATIONS TO THE FRIENDS OF THE PALM DESERT LIBRARY'S GIFT OF READING PROJECT. Action: B. PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO THE CITY OF PALM DESERT FOR ITS COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2002. Action: C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE. Action: D. APPOINTMENTS TO THE MARKETING COMMITTEE. Rec: By Minute Motion, appoint the following to serve on the Marketing Committee: 1) Emily Bird of Marriott Desert Springs Resort; 2) Melinda Byrd of The Gardens; 3) Rick Darius of McCallum Theatre; 4) Ric Mandelbaum of RM Marketing; 5) Ray Rodriguez of Casuelas Cafe; 6) Michael Shimer of Tommy Bahamas; 7) Karen Wagner of Westfield Shoppingtown Palm Desert. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 X. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION XI. CONSENT ITEMS HELD OVER. OF THE AGENDA. A. MINUTES of the Regular City Council Meetings of December _11, and December 25, 2003. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 122, 125, 126, 130, 131, 134, and 135. Rec: Approve as presented. C. CITY'S/AGENCY'S MASTER PORTFOLIO MANAGEMENT SUMMARIES for the Month of November 2003 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by SR Mutual Investment Corporation for Palm Desert Resort Country Club, 77-333 Country Club Drive, Palm Desert. Rec: Receive and file. D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Flagship Theatres of Palm Desert, LLC, for Cinemas Palme D' Or, 72-840 Highway 111, Suite C104, Palm Desert. Rec: Receive and file. D-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ralph's Grocery Company of Ohio for Ralph's 27, 74-884 Country Club Drive, Palm Desert. Rec: Receive and file. 3 POSTED AGENDA - REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 E. MINUTES of City Committee and Commission Meetings. 1. Public Safety Commission Meeting of November 12, 2003. 2. Technology Committee Meeting of September 2, 2003. Rec: Receive and file. F-1. RESIGNATION of Murray Magloff from the Investment & Finance Committee. Rec: Receive with very sincere regret. F-2. RESIGNATION of Larry Grotbeck from the El Paseo Business Improvement District Board of Directors. Rec: Receive with very sincere regret. G. REQUEST FOR AUTHORIZATION to Grant Drainage Easement to Resco Self Storage, LLC. Rec: By Minute Motion, authorize the Mayor to execute a Drainage Easement and related agreement to Resco Self Storage, LLC, Newport Beach, California. H. REQUEST FOR APPROVAL of the Possession and Consumption of Wine in Connection with Reception for "Nature's Design" Exhibition in the North Wing Gallery. Rec: By Minute Motion, permit the possession and serving of alcoholic beverages in connection with the subject reception to be held in the North Wing Gallery on Tuesday, January 27, 2004. I. CONSIDERATION of Sponsorship of the 2004 Desert Senior Inspirational Awards. Rec: By Minute Motion, authorize an expenditure of $2,500 to sponsor two tables and contribute toward a gift for the 2004 Desert Senior Inspirational Awards, and select a Palm Desert resident, over the age of 70 years, who personifies the ideals of this most worthwhile program —funds are available in Account No. 110-4416-414-3061 and no appropriation is required. 4 POSTED AGENDA - REGULARtPALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 J. REQUEST FOR WAIVER of Fees Associated with the Desert Rose Society's Annual Pruning Exhibition. Rec: By Minute Motion, waive fees associated with the subject event, scheduled to take place on Saturday, January 10, 2004, in the Rose Garden located at the Palm Desert Civic Center Park. K. REQUEST FOR APPROVAL of the Michael Todd Sculpture Garabedian's Knot for the El Paseo Exhibition. Rec: By Minute Motion, approve: 1) The recommendation by the Art In Public Places Commission to accept the sculpture, Garabedian's Knot by Michael Todd for the El Paseo Exhibition; 2) contract with the artist or artist's representative for $1,000 for loan of the artwork, from signing of the contract to October 30, 2004 — funds are available in Account No. 436-4650-454-4002. L. REQUEST FOR AUTHORIZATION to Reimburse for Public Artwork Located at 74-401 Hovley Lane East, Palm Desert (Whiteco Residential, Applicant). Rec: By Minute Motion, approve reimbursement of $49,327.63 to Whiteco Residential for the completed public art project at Canterra Apartment Homes, 74-401 Hovley Lane East, Palm Desert. M. INFORMATIONAL ITEMS: 1. Update on the Former Shell Station Located at 73-051 Highway 111 2. Status Report on the Staples Building Repainting Action: - XI. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 XII. RESOLUTIONS A. RESOLUTION NO. 04-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO ABANDON A PORTION OF PUBLIC RIGHT-OF-WAY AFFECTING LOT 11 OF BLOCK 7, AS DESCRIBED AS A PUBLIC RIGHT-OF-WAY AS SHOWN ON THE PALMA VILLAGE UNIT NO. 5 AND LOT 25 OF PALMA VILLAGE GROVES SUBDIVISION MAP UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE, AND FIXINGATIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT (SAN PABLO AVENUE NORTH OF SAN GORGONIO WAY) (Prest-Vuksic Architects, Applicant). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1041A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 10.78 TO TITLE 10 OF THE PALM DESERT MUNICIPAL CODE, REGARDING ELECTRIC PERSONAL ASSISTIVE DEVICES (I.E., SEGWAY). Rec: Waive further reading and pass to second reading. Action: For Adootion: A. ORDINANCE NO. 1015A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO ADD SECTION 25.56.510 TO THE GENERAL PROVISIONS, REQUIRING. APPROVAL FOR ANY SIGNIFICANT CHANGE OF AN APPROVED COLOR OR TEXTURE ON AN EXISTING BUILDING, STRUCTURE, SIGN, WALL, FENCE, OR OTHER IMPROVEMENTS TO REAL PROPERTY Case No. ZOA 02-01 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 XIV. NEW BUSINESS None XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE COMMISSIONING OF ARTIST TO CREATE TWO LANDMARK SCULPTURES/SIGNS FOR THE EAST AND WEST ENDS OF EL PASEO AT PORTOLA AVENUE AND HIGHWAY 74, RESPECTIVELY (CONTRACT NO. C21960). Rec: By Minute Motion, concur with the recommendation of the Art In Public Places Commission and approve commissioning Orr Studio, Venice, California, to create two signature landmark sculpture/signs; one each at the east end of El Paseo at Portola Avenue and at the west end of El Paseo at Highway 74 for $25,000 each — funds are available in Account No. 436-4650-454-4001. Action: XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Consideration of Schedule for Annual Committee/Commission Appointments. Action: 2. Reminder to Adjourn this Meeting to Thursday, January 15, 2004, at 8:30 a.m. for the first General Plan Public Hearing. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: 1. City Council Liaison Reports. XIX. ADJOURNMENT FUTURE MEETINGS: January 13, 2004 12:00 p.m. Architectural Review Commission Community Services Conference Room January 14, 2004 8:30 a.m. Parks & Recreation Commission Community Services Conference Room 3:30 p.m. Housing Commission North Wina Conference Room 3:30 p.m. Public Safety Commission Administrative Services Conference Room January 15, 2004 8:30 a.m. Adjourned Regular City Council Meeting - General Plan Public Hearing Civic Center Council Chamber 3:00 p.m. Sister Cities Committee Administrative Services Conference Room January 20, 2004 6:00 p.m. Planning Commission Civic Center Council Chamber January 21, 2004 8:30 a.m. Art In Public Places Commission - CANCELED - 3:00 p.m. Library Promotion Committee Administrative Services Conference Room January 22, 2004 4:00 p.m. Regular City Council/RDA Meetings Civic Center Council Chamber I hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 2nd day of January, 2004. Rachelle D. Klassen, City Clerk 8