HomeMy WebLinkAbout2005-06-09 AGENDA
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 09, 2005
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
II. ROLL CALL
III. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Right-of-way Acquisition--Monterey Avenue/I-10
Interchange Modification (APNs 653-170-039, -041,
-042)
Negotiating Parties:
Agency: Carlos L. Ortega/Mark Greenwood/City of Palm Desert
Property Owner: Andrew Stevens
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
IV. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Action:
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None (See Redevelopment Agency Agenda Item IX.)
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
VI. 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 VII, CONSENT ITEMS HELD OVER, OF THE AGENDA.
A. MINUTES of the Regular City Council Meeting of May 26, 2005.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 244, 245, 249, and 250.
Rec: Approve as presented.
C. CITY'S AND REDEVELOPMENT AGENCY'S COMPLIANCE ANALYSIS
and Investment Reports for the months of March 2005 and April 2005
(Joint Consideration with the Palm Desert Redevelopment Agency).
Rec: Receive and file.
D. COMMITTEE AND COMMISSION MEETING MINUTES.
1. Historic Preservation Committee Meeting of April 25, 2005.
2. Investment & Finance Committee Meeting of April 27, 2005.
3. Library Promotion Committee Meeting of February 16, 2005.
4. Marketing Committee Meeting of April 19, 2005.
5. Sister Cities Committee Meeting of April 21, 2005.
Rec: Receive and file.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
E. RESOLUTION NO. 05-41 - A Resolution of the City Council of the City of
Palm Desert, California, Setting Forth its Findings and Authorizing the
Destruction of Paper Records from the Department of Building & Safety
that Have Been Digitally Imaged (March 2005).
Rec: Waive further reading and adopt.
F. REQUEST FOR EXTENSION of Contract with Interim Director of Human
Resources (Contract No. C23020).
Rec: By Minute Motion: 1) Approve extension of the subject contract
with Interim Director of Human Resources Duane K. Munson;
2) authorize the City Manager to execute Addendum #2, extending
the term of the contract to December 31, 2005.
G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C19140 -- Design of Civic Center Well Site Renovation.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$17,150 to the subject contract with The Keith Companies, Inc.,
Irvine, California, and authorize the Mayor to execute same -- funds
for this purpose are available in the project account.
H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22990 --
Landscape Installation on Highway 111 Medians, Town Center Way to
Hospitality Row (Project No. 935-04) (Marina Landscape, Inc., Anaheim,
CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23220 --
Landscape Installation on Avenue of the States (Project No. 937-03)
(Pink, Inc., Palm Desert, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
J. CONSIDERATION of the Waste Management Franchise Agreed Upon
Procedures Review for Years Ending December 31, 2001, through 2003.
Rec: By Minute Motion: 1) Receive and file the Agreed Upon Procedure
Review for the Waste Management Franchise Agreement for years
ending December 31, 2001, through 2003 (Confidential); 2) waive
the late penalties calculated by the auditors; 3) impose a 10% late
penalty ($3,335.04) on underpayment of franchise and recycling
fees in the amount of $33,350.04.
K. CONSIDERATION of the Time Warner Cable Franchise Agreed Upon
Procedures Review for the Year Ended December 31, 2003.
Rec: By Minute Motion: 1) Receive and file the Agreed Upon Procedure
Review for the Time Warner Cable Franchise Agreement for the
year ended December 31, 2003 (Confidential); 2) waive the late
penalties.
L. CONSIDERATION of Action by the Legislative Review Committee –
AB 1248 (Umberg) -- Criminal Procedure.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of May 24, 2005, and direct staff
to prepare a letter of support for the Mayor's signature with regard
to AB 1248.
M. INFORMATIONAL ITEMS:
1. Report on College of the Desert Perimeter Landscape Treatment.
2. Report on Storm Drain Facilities in the Vicinity of Freedom Park.
3. Status of the Order to Abate a Public Nuisance for Unapproved Lighting
at 44-312 and 44-330 San Pablo Avenue.
Action:
VII. CONSENT ITEMS HELD OVER
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
VIII. RESOLUTIONS
A. RESOLUTION NO. 05-42 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, EXTENDING THE
EXPIRATION DATE OF ITS CABLE TELEVISION FRANCHISE
AGREEMENT WITH TIME WARNER CABLE FROM JUNE 30, 2005,
THROUGH JUNE 30, 2006.
Rec: Waive further reading and adopt.
Action:
IX. ORDINANCES
For Introduction:
None
For Adoption:
None
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
X. NEW BUSINESS
A. REQUEST FOR ADOPTION OF RESOLUTIONS DECLARING THE
INTENT TO ISSUE BONDS OR OTHER OBLIGATIONS TO FINANCE
THE INSTALLATION AND CONSTRUCTION OF THE PORTOLA
AVENUE BRIDGE AT THE WHITEWATER CHANNEL (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Rec: Waive further reading and adopt:
1) City Council Resolution No. 05-40, declaring its intent to issue
bonds or other obligations or cause bonds or other obligations to be
issued to finance the installation and construction of the Portola
Avenue Bridge and reimburse certain expenditures from the
proceeds of the bonds.
2) Redevelopment Agency Resolution No. 502, declaring its intent
to issue bonds or other obligations or cause bonds or other
obligations to be issued to finance the installation and construction
of the Portola Avenue Bridge and reimburse certain expenditures
from the proceeds of the bonds.
Action:
B. REQUEST FOR AUTHORIZATION TO EXECUTE A QUITCLAIM DEED
FOR A PORTION OF A SLOPE EASEMENT AFFECTING THE WENDY'S
PROJECT LOCATED AT WASHINGTON STREET AND COUNTRY
CLUB DRIVE Case No. PP 03-18.
Rec: By Minute Motion, authorize the Mayor to execute the subject
Quitclaim Deed, favoring Fountainhead Indio, LP, which will
quitclaim (abandon) a westerly portion of an existing slope
easement along the west side of Washington Street between
Country Club Drive and the Union Pacific Railroad.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
C. CONSIDERATION OF A DESIGN FEE FOR THE FOUNTAIN FEATURE
AT PALMA VILLAGE NEIGHBORHOOD PARK (CONTRACT
NO. C23840).
Rec: By Minute Motion, approve a design fee in the amount of $1,000 for
artist Lynn Basa to create three design proposals for the mosaic
fountain feature at the Palma Village Neighborhood Park -- funds
are available in Account No. 436-4650-454-3010.
Action:
D. CONSIDERATION OF THE SOLICITATION OF PROPOSALS FOR
ARTWORK TO BE SITED AT ENTRADA DEL PASEO (CONTRACT
NO. C23850).
Rec: By Minute Motion: 1) Instruct staff to proceed with the Request for
Proposals for the competition; 2) authorize design honorariums of
$5,000 each to three finalists to create maquettes for the Entrada
del Paseo art project from Account No. 436-4650-454-3010.
Action:
E. REQUEST FOR AWARD OF CONTRACT FOR THE CITY'S
ADVERTISING SERVICES FOR FISCAL YEAR 2005/06 (CONTRACT
NO. C23860).
Rec: By Minute Motion, concur with the Marketing Committee's
recommendation and award the subject contract to Full Gallop
Marketing Communications, Rancho Mirage, California, in the
amount of $85,800 and authorize the Mayor to execute same on
behalf of the City.
Action:
F. REQUEST FOR APPROVAL OF THE PRESIDENTS' PLAZA I
(EAST/WEST) BUSINESS IMPROVEMENT DISTRICT ANNUAL
BUDGET FOR FISCAL YEAR 2005/06.
Rec: Waive further reading and adopt: 1) Resolution No. 05-43,
approving the Presidents' Plaza I Business Improvement District
Budget for FY 2005/06; 2) Resolution No. 05-44, ordering the levy
and collection of assessments for the Presidents' Plaza I Property
and Business Improvement District District for FY 2005/06.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
G. REQUEST FOR APPROVAL OF THE PRESIDENTS' PLAZA III
BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET FOR FISCAL
YEAR 2005/06.
Rec: Waive further reading and adopt 1) Resolution No. 05-45,
approving the Presidents' Plaza III Business Improvement District
Budget for FY 2005/06; 2) Resolution No. 05-46, ordering the levy
and collection of assessments for the Presidents' Plaza III Business
Improvement District for FY 2005/06.
Action:
H. REQUEST FOR AWARD OF BID FOR THE PURCHASE OF 850 LED
TRAFFIC SIGNAL INDICATIONS.
Rec: By Minute Motion, award the subject bid to Western Pacific Sales,
LLC, San Leandro, California, in the amount of $41,200.91 -- funds
are available in Account No. 110-4250-433-3325.
Action:
I. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION
OF STREET AND INTERSECTION IMPROVEMENTS AT HIGHWAY 111
AND DESERT CROSSING (CONTRACT NO. C20210A).
Rec: By Minute Motion: 1) Award the subject contract to Granite
Construction Company, Indio, California, in the amount of $802,208
and authorize a 10% contingency for the project; 2) authorize the
use of $75,000 from Fund 400 Sidewalk Account, $103,000 from
Fund 420 Drainage Account, and $125,000 from the General Fund
Resurfacing Account for the project; 3) authorize the Mayor to
execute said contract.
Action:
J. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE DESIGN
SERVICES FOR THE FRED WARING DRIVE WIDENING PROJECT
FROM DEEP CANYON TO WASHINGTON STREET (CONTRACT
NO. C23830, PROJECT NO. 953-05).
Rec: By Minute Motion: 1) Award the subject contract to RGA
Landscape Architects, Inc., Palm Desert, California, in the amount
of $82,500; 2) approve a 10% contingency for the project in the
amount of $8,250; 3) authorize the Mayor to execute said
contract -- funds are available in Account No. 400-4399-413-4001.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
K. REQUEST FOR AUTHORIZATION TO EXECUTE AN AGREEMENT
WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR
CONSTRTUCTION OF LANDSCAPED MEDIANS ON PORTOLA
AVENUE ALONG THE FRONTAGE OF WASHINGTON CHARTER
SCHOOL (CONTRACT NO. C23870).
Rec: By Minute Motion, authorize the Mayor to execute the subject
agreement with Desert Sands Unified School District.
Action:
L. CONSIDERATION OF REQUEST FOR CREDIT AGAINST DRAINAGE
FEES AND TRAFFIC SIGNALIZATION FEES FOR IMPROVEMENTS TO
BE CONSTRUCTED ON PRECISE PLAN NO. 04-13, LOWE'S BUILDING
CENTER (LMS Location Management Services, Applicant).
Rec: By Minute Motion, approve a request for credit of drainage fees
against the actual drainage facility construction cost and deny the
request for credit of traffic signal modification fees for Precise Plan
No. 04-13, Lowe's Building Center.
Action:
XI. CONTINUED BUSINESS
A. CONSIDERATION OF A LETTER FROM DESERT BREEZES
HOMEOWNERS ASSOCIATION (Continued from the meetings of
April 28, and May 26, 2005).
Rec: Discussion to occur at the meeting.
Action:
B. REQUEST FOR CITY COUNCIL REVIEW OF A DECISION OF THE
ARCHITECTURAL REVIEW COMMISSION, APPROVING A 6-FOOT
HIGH BROWN VINYL CHAIN-LINK FENCE TO MATCH EXISTING
CHAIN-LINK FENCE AT 45-875 EDGEHILL DRIVE Case No. MISC 05-14
(Tom Adler, Applicant) (Continued from the meeting of May 12, 2005).
Rec: By Minute Motion, affirm the action of the Architectural Review
Commission dated April 12, 2005.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
C. REQUEST FOR APPROVAL OF BUILDING & SAFETY FEE SCHEDULE
AMENDMENT FOR WATER HEATER REPLACEMENT PERMITS
(Continued from the meetings of May 12, and May 26, 2005).
Rec: 1) Waive further reading and adopt Resolution No. 05-33A,
amending the Building & Safety Fee Schedule as it relates to Water
Heater Replacement Permits.
2) By Minute Motion, authorize the City Manager to issue refunds
for overcharges relating to Water Heater Permits issued after
September 6, 2004, as requested by Applicants.
Action:
D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE SERVICES -- CONSOLIDATED LANDSCAPE
MAINTENANCE AREA NO. 1 (CONTRACT NO. C23600, PROJECT
NO. 901-XX) (Continued from the meeting of May 26, 2005).
Rec: By Minute Motion: 1) Reject bids as non-responsive from Pink,
Inc., Pac West Land Care, Inc., Sunflower Landscaping, Garza
Landscaping, Inc., Kirkpatrick Landscaping Services, Inc., Liberty
Landscaping, Inc., Oasis Landscaping & Tree Service, and Hort
Tech, Inc.; 2) remove the Entrada del Paseo landscape from this
contract; 3) award the subject contract, less Entrada del Paseo, to
Shadow Palms Gardening Service, Indio, California, in the amount
of $85,800 -- funds are available in Account No. 110-4611-453-
3370.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE SERVICES -- CONSOLIDATED LANDSCAPE
MAINTENANCE AREA NO. 2 (CONTRACT NO. C23610, PROJECT
NO. 902-XX) (Continued from the meeting of May 26, 2005).
Rec: By Minute Motion: 1) Reject bids as non-responsive from Pac West
Land Care, Inc., Sunflower Landscaping, Garza Landscaping, Inc.,
Kirkpatrick Landscaping Services, Inc., Liberty Landscaping, Inc.,
Oasis Landscaping & Tree Service, and Hort Tech, Inc.; 2) remove
the Baja Park landscape area from the contract; 3) award the
subject contract to Shadow Palms Gardening Service, Indio,
California, in the amount of $108,000 -- funds are available in
Account No. 110-4611-453-3370.
Action:
F. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE SERVICES -- CONSOLIDATED LANDSCAPE
MAINTENANCE AREA NO. 6 (CONTRACT NO. C23630, PROJECT
NO. 906-XX) (Continued from the meeting of May 26, 2005).
Rec: By Minute Motion: 1) Reject bids as non-responsive from Steven
Burt & Associates, Inc., Pink, Inc., Sunflower Landscaping, Garza
Landscaping, Inc., Kirkpatrick Landscaping Services, Inc., Liberty
Landscaping, Inc., Oasis Landscaping & Tree Service, and Hort
Tech, Inc; 2) award the subject contract to Shadow Palms
Gardening Service, Indio, California, in the amount of $85,200 --
funds are available in Account No. 241-4195-495-3320.
Action:
XII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF CONTRACT AMENDMENT NO. 2 TO
CONTRACT NO. C22860 FOR LANDSCAPE MAINTENANCE
SERVICES -- CONSOLIDATED LANDSCAPE MAINTENANCE AREA
NO. 4 (PROJECT NO. 904-XX).
Rec: By Minute Motion, approve Contract Amendment No. 2 in the
amount of $42,656 to the subject contract with Steven Burt &
Associates, Bermuda Dunes, California, for landscape maintenance
services at Entrada del Paseo and the Baja Park.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
B. CONSIDERATION OF THE ASSUMPTION OF JURISDICTION OVER
HIGHWAYS 111 AND 74 IN THE CITY OF PALM DESERT.
Rec: Discussion to take place at the meeting.
Action:
XIII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT
FOUR GENERAL OFFICE/WAREHOUSE BUILDINGS TOTALING 65,892
SQUARE FEET AND A HEIGHT EXCEPTION TO ALLOW VARYING
ROOF HEIGHTS UP TO A MAXIMUM OF 34'6" FOR PROPERTY
LOCATED AT 73-700 DINAH SHORE DRIVE Case No. PP 04-33
(Venture Corporation and Ware Malcomb, Thomas Sun, Applicants)
(Continued from the meeting of May 12, 2005).
Rec: Waive further reading and adopt Resolution No. 05-34, approving
Case No. PP 04-33, including building height exception, subject to
conditions.
Action:
XIV. REPORTS AND REMARKS
A. CITY MANAGER
B. CITY ATTORNEY
C. CITY CLERK
1. Consideration of Summer 2005 City Council, Redevelopment Agency,
Housing Authority Regular Meeting Schedule.
Action:
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
o City Council Committee Reports:
o City Council Comments:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005
XV. ORAL COMMUNICATIONS – C
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 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.
XVI. ADJOURNMENT
FUTURE MEETINGS:
June 14, 2005 12:00 p.m. Architectural Review Commission
Community Services Conf. Room
June 15, 2005 8:30 a.m. Art In Public Places Commission
Administrative Conference Room
3:00 p.m. Library Promotion Committee
Administrative Conference Room
June 16, 2005 3:00 p.m. Sister Cities Committee
Administrative Conference Room
June 20, 2005 3:00 p.m. Citizens’ Adv.Cmte.-Proj. Area #4
Administrative Conference Room
June 21, 2005 2:00 p.m. Marketing Committee
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
June 22, 2005 10:30 a.m. Investment & Finance Committee
North Wing Conference Room
June 23, 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 3rd day of June, 2005.
Rachelle D. Klassen, City Clerk
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