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HomeMy WebLinkAbout2005-01-13 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 13, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS - A 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 giving 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 Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 108, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Assembly Committee on Rules, California State Assembly Under Negotiation: x Price x Terms of Payment 2) Property: APNs 640-110-034 (72-314 Highway 111)/640-110-035 (72-322 Highway 111) Negotiating Parties: Agency: Carlos L. Ortega/Mark Greenwood/City of Palm Desert POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 Property Owner: TRU Properties/Campbell Holdings Other Parties: Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): 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 - Councilman Richard S. Kelly VII. INVOCATION - Mayor Pro Tem Jim Ferguson VIII. ORAL COMMUNICATIONS - B Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, Financing Authority, or Housing Authority Boards at this point by stepping to the lectern and giving 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, Redevelopment Agency, Financing Authority, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, Financing Authority, or Housing Authority Boards 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, Redevelopment Agency, Financing Authority, or Housing Authority meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE RIVERSIDE COUNTY SHERIFF'S DEPUTY MICHAEL BARROS, ONE OF PALM DESERT'S OWN RETURNING HEROES FROM OPERATION "IRAQI FREEDOM." Rec: Action: B. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE 2005 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 Rec: Action: C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE - JANUARY 2005. Rec: Action: 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 9, and December 23, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 112, 113, 117, 119, 123, 124, 125, 129, 130, 131, 134, 135, and 136. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#541) by AIG Auto Insurance/James Collings in the Amount of $2,821.79 Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#541A) by James A. Collings in the Amount of $676.25 Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Blue Royale I for Picanha, 73-399 El Paseo, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Livreri Revocable Family Trust UTD September 26, 1995, for Mama Liveri's Family Bistro, 44-150 Town Center Way, Suite B4, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Vittorio, LLC, for Ristorante Vittorio, 73-375 El Paseo, Suites Q & R, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of November 17, 2004. I. 2. Historic Preservation Committee Meeting of October 25, 2004. J. 3. Housing Commission Meeting of November 17, 2004. K. 4. Sister Cities Committee Meeting of November 18, 2004. L. 5. Youth Committee Meetings of October 5, and November 2, 2004. Rec: Receive and file. I. LETTER OF RESIGNATION from Patrick Lilly -- El Paseo Business Improvement District Board of Directors. Rec: Receive with very sincere regret. J. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) with the Volunteer Center of Riverside County for the 2-1-1 Information and Referral Services (Contract No. C23300). Rec: By Minute Motion: 1) Approve the subject MOU and authorize the Mayor to execute same; 2) appropriate $5,350 from the POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 Unobligated General Fund to Account No. 110-4159-415-3090 for this purpose. K. REQUEST FOR APPROVAL of Funding and Service Agreement for an Interim Coachella Valley Red Imported Fire Ant (RIFA) Response Program (Contract No. C23310). Rec: By Minute Motion: 1) Approve the subject agreement with the Coachella Valley Mosquito and Vector Control District; 2) appropriate $36,019 from the Unobligated General Fund Reserves for City's annual interim program participation cost. L. REQUEST FOR AUTHORIZATION to Purchase Traffic Signal Interconnection Communication Hardware. Rec: By Minute Motion, approve the subject purchase of equipment from CSC Fibertron, Buena Park, California, in the amount of $15,070.50 -- funds are available in Account No. 110-4250-433-3325. M. REQUEST FOR APPROVAL of Final Map for Tract No. 31020 (Las Perlas, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 05-1, approving the Final Subdivision Map for Tract No. 31020 and the Agreement relating thereto. N. REQUEST FOR APPROVAL of Final Map for Tract No. 32420 (Brava Development, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 05-2, approving the FInal Subdivision Map for Tract No. 32420 and the Agreement relating thereto. O. 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 in the Palm Desert Civic Center Park Rose Garden on Saturday, January 15, 2005, from 9:00 a.m. to 12:00 p.m. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 P. REQUEST FOR APPROVAL of Sponsorship for Soroptimist International of Palm Desert's (SIPD) Ninth Annual Art & Wine Tour of El Paseo. Rec: By Minute Motion, approve the subject request for sponsorship from SIPD in an amount not to exceed $1,300 and appropriate same from the Unobligated General Fund for the event to be held on Friday, February 25, 2005. Q. REQUEST FOR APPROVAL of Out-of-State Travel Expenses Associated with Mayor's Travel. Rec: By Minute Motion, approve the subject out-of-state travel expenses in the amount of $3,000 for Mayor Crites to: 1) Meet with Congresswoman Mary Bono, BLM staff for L.W.C.F., Assistant Secretary Department of the Interior, and the Director of L.W.C.F. on December 14-16, 2004; 2) attend the U.S. Conference of Mayors in Washington, DC, January 17-19, 2005. R. REQUEST FOR APPROVAL of Out-of-State Travel for Government Investment Officers' Association First Annual Conference. Rec: By Minute Motion, authorize the City Treasurer and Deputy City Treasurer to attend the subject Conference to be held in Las Vegas, Nevada, March 30 - April 1, 2005. S. REQUEST FOR APPROVAL of Out-of-State Travel for the Institute of Transportation Engineers (ITE) 2005 Technical Conference and Exhibit. Rec: By Minute Motion, authorize the subject out-of-state travel for the Transportation Engineer to Las Vegas, Nevada, February 27 - March 2, 2005 -- funds are available in Account No. 110-4300-413- 3120. T. REQUEST FOR APPROVAL of Out-of-State Travel for the Institute of Transportation Engineers (ITE) Annual Conference. Rec: By Minute Motion, authorize the subject out-of-state travel for the City Engineer to Melbourne, Australia, August 7-10, 2005 -- funds are available in Account No. 110-4300-413-3120. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 05-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS RESOLUTION NOS. 99-112 AND 03-50, REGARDING ORGANIZATION OF THE SISTER CITY COMMITTEE AS IT RELATES TO MEMBERSHIP. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 05-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONCERNING CLOSED SESSIONS OF JOINT POWERS AUTHORITY MEMBER AGENCIES. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 05-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO CREATE CUL-DE-SAC CLOSURES ALONG HIGHWAY 74 FRONTAGE ROAD AT THE SHADOW MOUNTAIN DRIVE TRAFFIC SIGNAL. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: For Adoption: A. ORDINANCE NO. 1076 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONSOLIDATING AND AMENDING CHAPTER 9.24 IN SECTIONS 9.24.060 (H) AND (K) , AND 9.24.075 (A) OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO NOISE CONTROL. Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 B. ORDINANCE NO. 1081 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-1 (RESIDENTIAL SINGLE FAMILY) TO O.P. (OFFICE PROFESSIONAL) FOR A 0.9-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF COOK STREET AND SHERYL AVENUE Case No. C/Z 04-03 (William J. Worzack, Applicant). Rec: Waive further reading and adopt. Action: C. ORDINANCE NO. 1088 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DISSOLVING THE TECHNICAL TRAFFIC COMMITTEE AND ASSIGNING ITS DUTIES TO THE PUBLIC SAFETY COMMISSION, AND AMENDING SECTION 10.12.030 OF TITLE 10 OF THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING PLANS FOR AN 8-FOOT WALL FOR ENTRYWAY GATE FOR SINGLE FAMILY RESIDENCE AT 72-922 GRAPEVINE STREET Case No. MISC 04-54 (George Buono, Applicant). Rec: By Minute Motion, affirm the action of the Architectural Review Commission dated November 23, 2004. Action: B. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING PLANS TO REPLACE EXISTING FENCE WITH A 5-FOOT HIGH FENCE IN FRONT OF THE HOUSE AT 43-825 CARMEL CIRCLE Case No. MISC 04-63 (Steve Plant, Applicant). Rec: By Minute Motion, continue the review until issues involving potential front yard wall Municipal Code amendments are resolved. Action: C. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING A 5-FOOT FRONT YARD FENCE AT A SINGLE FAMILY RESIDENCE POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 LOCATED AT 74-855 FAIRWAY DRIVE Case No. MISC 04-65 (Charles Walford/Chris Keller, Applicants). Rec: By Minute Motion, affirm the action of the Architectural Review Commission, approving a 5-foot high paneled wood fence at a minimum setback of 12 feet from the curb at 74-855 Fairway Drive, subject to conditions. Action: D. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING PLANS FOR A SECOND UNIT IN THE REAR YARD OF A SINGLE FAMILY RESIDENCE LOCATED AT 74-123 WINDFLOWER COURT Case No. MISC 04-66 (Edward S. Rickter, Applicant). Rec: By Minute Motion, affirm the action of the Architectural Review Commission dated December 14, 2004. Action: E. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT FOR JANITORIAL SERVICES AT THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX (CONTRACT NO. C22161). Rec: By Minute Motion, approve extension of the subject contract with D. W. Nicholson, LLC, d.b.a. Desert Building Services, Rancho Mirage, California, for one additional year (January 1 - December 31, 2005) and authorize the Mayor to execute same -- funds for the annual cost of $73,020 are available in Account No. 520-4195-495- 3696. Action: F. REQUEST FOR CONSIDERATION OF "EMBRACING THE DESERT": A PROGRAM OF TEMPORARY PUBLIC ART PROJECTS. Rec: By Minute Motion: 1) Concur with the Art In Public Places Commission's recommendation to approve the subject program; 2) approve funding for same in the amount of $39,000 from Art In Public Places Budget Account No. 436-4650-454-4001. Action: G. REQUEST FOR APPROVAL OF PROPOSAL FOR FRESHENING THE COUNCIL CHAMBER MURAL (CONTRACT NO. C23320). Rec: By Minute Motion: 1) Concur with the Art In Public Places Commission's recommendation to approve the subject proposal by POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 Bill Ware; 2) approve funding for same in the amount of $16,800 from Art In Public Places Budget Account No. 436-4650-454-4001 and $5,200 from Art In Public Places Budget Account No. 240- 4650-454-3372. Action: XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF FINAL PARCEL MAP NO. 30342 (SGH Partners, L.P., Applicant) (Continued from the meetings of November 18, and December 9, 2004). Rec: Waive further reading and adopt Resolution No. 05-6, approving the Final Subdivision Map of Parcel Map No. 30342 and the agreement relating thereto. Action: XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AN AGREEMENT FOR DEVELOPMENT AND PRODUCTION OF A TELEVISION COMMERCIAL AND OTHER REALTED MATERIALS TO PROMOTE RECYCLING EFFORTS IN THE CITY (CONTRACT NO. C22030). Rec: By Minute Motion: 1) Authorize the Mayor to enter into the subject agreement with Lawrence Company, Santa Monica, California, in an amount not to exceed $132,040 for the development and production of a television commercial, a Recycle Grab Game (on CD), a coloring book, and other recycling related materials designed to promote the City's recycling programs; 2) authorize the expenditure for airtime coverage of said commercial in an amount not to exceed $16,000; 3) appropriate funds in the amount of $148,040 from Account No. 236-4195-454-3090 for this purpose. Action: B. CONSIDERATION OF THE INITIATION OF ZONING ORDINANCE AMENDMENT WITH RESPECT TO WALL HEIGHTS/LOCATIONS IN SINGLE FAMILY DISTRICTS Case No. ZOA 04-04 (City of Palm Desert, Applicant). Rec: By Minute Motion, direct staff to process a Zoning Ordinance Amendment as it relates to perimeter wall height/locations in single family districts. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE, SECTION 25.58.310 (D), CLARIFYING THE OFF- STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES Case No. ZOA 04-02 (City of Palm Desert, Applicant) (Continued from the meeting of November 18, 2004). Rec: Waive further reading and pass Ordinance No. 1086 to second reading, amending Palm Desert Municipal Code Section 25.58.310 (D). Action: B. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-1 TO OFFICE PROFESSIONAL AND A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 1,826 SQUARE FOOT GENERAL OFFICE BUILDING LOCATED AT 44-447 PORTOLA AVENUE Case Nos. C/Z 04-05 and PP 04-31 (Bob and Marilyn Fod/Franco Laulainen, Architect, Applicants). Rec: Waive further reading and: 1) Pass Ordinance No. 1089 to second reading, approving Case No. C/Z 04-05. 2) Adopt Resolution No. 05-7, approving Case No. PP 04-31, subject to conditions attached. Action: C. CONSIDERATION OF THE APPROVAL OF A PRECISE PLAN OF DESIGN FOR A COMMUNITY CENTER FACILITY ON AN 8.5-ACRE SITE AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND JULIE LANE, 1,600 FEET SOUTH OF GERALD FORD DRIVE (36-775 PORTOLA AVENUE) Case No. PP 04-23 (Jewish Federation of Palm Springs, Applicant). Rec: Waive further reading and adopt Resolution No. 05-8, approving Case No. PP 04-23, including building height exception for the gym facility. Action: D. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN FOR A 52,164 SQUARE FOOT WAREHOUSE/SHOWROOM BUILDING AND HEIGHT EXCEPTION ON LOT 35 OF PARCEL MAP NO. 24255 (73-550 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 DINAH SHORE DRIVE) Case No. PP 04-30 (Development Resource Consultants, Applicant). Rec: Waive further reading and adopt Resolution No. 05-9, approving Case No. PP 04-30, including building height exception, subject to conditions. Action: E. CONSIDERATION OF THE SALE OF PROPERTY OWNED BY THE CITY (APPROXIMATELY 10 ACRES AT THE SOUTHWEST CORNER OF THE RAILROAD TRACKS AND EXTENSION OF MIRIAM WAY - APN 618-490-025). Rec: Waive further reading and adopt Resolution No. 05-10, approving sale of the subject property. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: January 18, 2005 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 January 19, 2005 8:30 a.m. Art In Public Places Commission Administrative Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room January 20, 2005 3:00 p.m. Sister Cities Committee Administrative Conference Room January 24, 2005 3:00 p.m. Citizens’ Adv. Cmte.-Proj.Area #4 (Adjourned from Jan. 17, 2005) Administrative Conference Room January 25, 2005 12:00 p.m. Architectural Review Commission Community Services Conf. Room 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 7th day of January, 2005. Rachelle D. Klassen, City Clerk