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HomeMy WebLinkAbout2005-01-27 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 27, 2005 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 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 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 Robert A. Spiegel VII. INVOCATION - Councilmember Jean M. Benson POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2005 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 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 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 or Redevelopment Agency meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. INTRODUCTION OF NEW PALM DESERT CITY LIBRARIAN, JEANNIE KAYS. Rec: Action: B. REAPPOINTMENT OF ART MCKAY AS PALM DESERT TRUSTEE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (CVMVCD). Rec: By Minute Motion, reappoint Mr. McKay to the Coachella Valley Mosquito and Vector Control District for a four-year term, February 1, 2005 - January 31, 2009. 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 SEWPARATE 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 Meeting of January 13, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 141 and 142. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2005 Rec: Approve as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2005 C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Woodhaven Food & Beverage, Inc., for Woodhaven Country Club, 41-555 Woodhaven Drive East, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Franck Melero and Lisa Melero for Pinnacle Bar & Grill, 73-040 El Paseo, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MINUTES. 1. Art In Public Places Commission Meeting of December 15, 2004. 2. Housing Commission Meeting of December 8, 2004. 3. Public Safety Commission Meeting of November 10, 2004. Rec: Receive and file. F. LETTER OF RESIGNATION from Melinda Byrd -- Marketing Committee. Rec: Receive with very sincere regret. G. COMPREHENSIVE ANNUAL FINANCIAL REPORT for the City of Palm Desert, Fiscal Year Ending June 30, 2004. Rec: Receive and file. H. AUDITED FINANCIAL REPORTS for the Measure "A" Fund, Fiscal Year Ending June 30, 2004. Rec: Receive and file. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2005 I. AUDITED FINANCIAL REPORTS for Palm Desert Recreational Facilities Corporation, Fiscal Year Ending June 30, 2004. Rec: Receive and file. J. REPORT Pursuant to Section 33080.1 of the California Health and Safety Code. Rec: Receive and file. K. REQUEST FOR ADOPTION of Resolutions Authorizing Destruction of Paper Records that Have Been Digitally Imaged from the Department of Building & Safety for the Months of July, August, and September 2004. Rec: Waive further reading and adopt: 1) Resolution No. 05-11 (July 2004); 2) Resolution No. 05-12 (August 2004); 3) Resolution No. 05-13 (September 2004). L. REQUEST FOR APPROVAL of Reimbursement to Operators for Overpayment of Transient Occupancy Tax (T.O.T.) in Calendar Year 2003. Rec: By Minute Motion, approve reimbursement totaling $2,751.51 to operators for overpayment of T.O.T. in calendar year 2003. M. REQUEST FOR APPROVAL of Agreement for Professional Services in Connection with the Formation of an Assessment District (Section 29) (Contract No. C23340). Rec: By Minute Motion: 1) Approve the subject agreement with MuniFinancial, Temecula, California, in the amount of $44,000; 2) authorize the Mayor to execute said agreement -- funds are available in Account No. 610-0000-228-2100. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2005 N. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 29067 (Lennar Homes of California Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities for Tract No. 29067. O. REQUEST FOR APPROVAL of Palm Desert Police Department's Loan of Equipment to the San Jacinto Police Department. Rec: By Minute Motion, approve the recommendation made to the City Council by the Palm Desert Public Safety Commission at its meeting of January 12, 2005, to loan the Police Department's used Sokkia Total Station equipment to the San Jacinto Police Department. P. CONSIDERATION of Action by Legislative Review Committee -- ACA 4 (Plescia and Harman) -- Transportation Funding. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its January 18, 2005, Meeting and direct staff to prepare a letter of support for the Mayor's signature with regard to ACA 4 (Plescia and Harman). Q. CONSIDERATION of Action by Legislative Review Committee -- SB 6 (Ducheny) -- Enterprise Zones. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its January 18, 2005, Meeting and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 6 (Ducheny). R. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2005 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 05-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CHANGE OF ZONE FROM R-1 TO OFFICE PROFESSIONAL AND A PRECISE PLAN OF DESIGN FOR A 1,826 SQUARE FOOT GENERAL OFFICE BUILDING LOCATED AT 44-447 PORTOLA AVENUE Case Nos. C/Z 04-05 and PP 04-31 (Robert and Marilyn Ford, Applicants). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1090 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTIONS 10.48.250 AND 10.48.260 TO CHAPTER 10.48 OF TITLE 10 OF THE PALM DESERT MUNICIPAL CODE WITH RESPECT TO HANDICAPPED PARKING. Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1086 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 25.58.310(D) - OFF-STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES Case No. ZOA 04-02 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2005 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF PARCEL MAP 31563 (Holt Architects, Applicant). Rec: Waive further reading and adopt Resolution No. 05-15, approving the Subdivision Map of Parcel Map 31563 and the agreement relating thereto. Action: B. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN ACTION BY THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A SIX-FOOT HIGH STREET-SIDE YARD WALL AT A RESIDENCE LOCATED AT 73-526 IRONWOOD STREET Case No. MISC 04-67 (Stan and Michelle Smith, Applicants). Rec: By Minute Motion, continue the review to allow completion of the Zoning Ordinance Amendment relating to walls. Action: C. REQUEST FOR APPROVAL OF MEMORANDUMS OF UNDERSTANDING (MOUs) FOR LANDSCAPE MAINTENANCE AT I-10/MONTEREY AVENUE AND I-10/WASHINGTON STREET INTERCHANGES, AND MEDIAN LANDSCAPES ON MONTEREY AVENUE/DINAH SHORE DRIVE. Rec: By Minute Motion, authorize the Mayor to execute the following MOUs: 1) With the County of Riverside and Caltrans for maintenance of new landscaping at the I-10 and Monterey Avenue and I-10 and Washington Street Interchanges (Contract No. C23350). 2) With the City of Rancho Mirage for the maintenance of median landscapes on Monterey Avenue and Dinah Shore Drive and the I- 10 and Monterey Avenue Interchange landscape (Contract No. 23360). 3) With the Cities of La Quinta and Indian Wells for the maintenance of the I-10 and Washington Street Interchange landscape (Contract No. C23370). Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2005 D. REQUEST FOR APPROVAL OF LEASE FOR PHOTOCOPIER EQUIPMENT THROUGHOUT CITY HALL. Rec: By Minute Motion: 1) Authorize leasing of photocopier equipment from Xerox Corporation, Los Angeles, California, in the amount of $4,290.67 per month for five years, plus copying cost and maintenance cost of approximately $2,203.83; 2) authorize execution of purchase orders for leasing of equipment and maintenance cost. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. CONSIDERATION OF THE INITIATION OF PROCEEDINGS FOR A GENERAL PLAN AMENDMENT, REMOVING THE OFFICE PROFESSIONAL LAND USE ON PORTOLA AVENUE BETWEEN FRED WARING DRIVE AND DE ANZA WAY. Rec: By Minute Motion, direct staff to initiate a General Plan Amendment, removing the Office Professional land use on Portola Avenue between Fred Waring Drive and De Anza Way. Action: B. DISCUSSION OF MEDIUM DENSITY DEVELOPMENT GUIDELINES. Rec: Various options to be discussed at the meeting, with staff to be provided resulting direction. Action: XVII. PUBLIC HEARINGS None 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2005 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2005 FUTURE MEETINGS: January 31, 2005 10:00 a.m. Historic Preservation Committee Administrative Conference Room February 1, 2005 2:00 p.m. Technology Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room February 8, 2005 12:00 p.m. Architectural Review Commission Community Services Conf. Room February 9, 2005 8:30 a.m. Parks & Recreation Commission Community Services Conf. Room 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room February 10, 2005 3:00 p.m. Regular City Council/RDA Mtgs. 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 24th day of January, 2005. Rachelle D. Klassen, City Clerk 11