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Home My WebLink About2005-03-24 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 24, 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: Right-of-way Acquisition (APNs 624-250-082, -083) Negotiating Parties: Agency: Carlos L. Ortega/Michael J. Errante/ Mark D. Greenwood/City of Palm Desert Property Owner: Valley Palms Homeowners Association 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 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 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 - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, 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, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, 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, or Housing Authority meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING MARCH 24, 2005, AS "MIKE ALCORN DAY" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION TO RECOGNIZE TAMMY PEREZCHICA FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS EL PASEO BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS ASSOCIATION. Action: C. PRESENTATION TO RECOGNIZE FRANCOISE RHODES FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS LIBRARY PROMOTION COMMITTEE. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 D. APPOINTMENTS TO VARIOUS VACANCIES ON THE CITY'S ESTABLISHED COMMITTEES AND COMMISSIONS. Rec: Appointments to be made at the discretion of the City Council. 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 March 10, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 174, 177, 181, 182, 183, 184, 187, 188, and 189. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Windy City Fred, LLC, 74-450 Palm Desert Drive, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Courtyard Management Corporation, 74-895 Frank Sinatra Drive, Palm Desert. Rec: Receive and file. E. PUBLIC SAFETY COMMISSION MEETING MINUTES for the Meeting of January 12, 2005. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 F. LETTER OF RESIGNATION from the Historic Preservation Committee -- Muriel Surles. Rec: Receive with very sincere regret. G. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal -- Computer Equipment and Related Accessories. Rec: By Minute Motion, declare the items listed on the staff report's Exhibit "A" as surplus and authorize appropriate disposal. H. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal -- 1996 Ford Cargo Van (#44). Rec: By Minute Motion, authorize disposal of the subject vehicle by donating it to FIND (Food In Need of Distribution), a local non-profit organization. I. REQUEST FOR AUTHORIZATION to Utilize Recommended Firms to Provide Constructability Reviews of Various Capital Improvement Projects. Rec: By Minute Motion, approve use of the following firms for the subject constructability reviews: Berg & Associates, Palm Desert, CA; Coachella Valley Construction Services, LLC, Indio, CA; Harris and Associates, Palm Desert, CA; Lim and Nascimento Corporation, San Bernardino, CA. J. REQUEST FOR AWARD OF CONTRACT for Preparation of Engineering and Traffic Survey for the Establishment of Posted Speed Limits on Roadways Citywide (Contract No. C23560). Rec: By Minute Motion: 1) Award the subject contract to RBF Consulting, Irvine, California, in the amount of $49,070; 2) authorize setting aside a 10% contingency for the agreement; 3) authorize the Mayor to execute same. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 K. REQUEST FOR APPROVAL of Final Map for Tract No. 25296 (Bighorn Development, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 05-28, approving the Final Subdivision Map for Tract No. 25296. L. REQUEST FOR APPROVAL of the Adult Life and Resident Monitoring (ALARM) Program. Rec: By Minute Motion: 1) Concur with the recommendation of the Public Safety Commission to approve the ALARM Program; 2) direct staff to implement same. M. REQUEST FOR APPROVAL of Out-of-State Travel for the 2005 International ATHENA Leadership Conference. Rec: By Minute Motion, approve out-of-state travel for the Community Services Senior Management Analyst to attend the subject conference in Chicago, Illinois, April 28-30, 2005 -- funds are available in Account No. 110-4416-414-3061. N. REQUEST FOR APPROVAL of Out-of-State Travel for the Annual Americans For The Arts Convention Preconference. Rec: By Minute Motion, approve out-of-state travel for the Public Art Coordinator to attend the Preconference for the 2005 Americans For The Arts Public Art Convention in Austin, Texas, June 8-10, 2005 -- funds are available in Account No. 436-4650-454-3120. O. REQUEST FOR APPROVAL of Various Technology Service Providers. Rec: By Minute Motion, approve use of the following providers of Technology Services to the City of Palm Desert: Decision Management Company, Inc.; First American Real Estate Solutions; HTE, Inc.; IBM; New Generations Software; Altura; TLMA Administration-County of Riverside; SYMPRO, Inc.; Munimetrix; Environmental Systems Research Institute. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 P. REQUEST FOR APPROVAL of a Workers' Compensation Settlement Policy and Workers' Compensation Case Settlement Committee. Rec: By Minute Motion: 1) Approve the Workers' Compensation Settlement Policy; 2) direct the City Manager to implement same. Q. REQUEST FOR APPROVAL of Right-of-way Acquisition Services for the City of Palm Desert and Palm Desert Redevelopment Agency (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, approve use of Universal Field Services, Inc., Huntington Beach, CA, Spectrum Land Services, Orange, CA, and Overland Pacific & Cutler, Inc., Palm Desert, CA, for right-of-way acquisition services for the City and Redevelopment Agency. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1092 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 2.72 (RESCINDING ORDINANCE NOS. 935 AND 1010) OF THE PALM DESERT MUNICIPAL CODE AND DISSOLVING THE TECHNOLOGY COMMITTEE. Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 B. ORDINANCE NO. 1093 - 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 PR-5 TO PR-13 FOR 1.41 ACRES ON THE NORTH SIDE OF GERALD FORD DRIVE, 636 FEET EAST OF MONTEREY AVENUE Case No. C/Z 03-04 (Sares Regis Group, Applicant). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT SERVICE AGREEMENT FOR MAINTENANCE OF THE CITY'S PUBLIC ART COLLECTION AND THE EL PASEO EXHIBITION (CONTRACT NO. C23570). Rec: By Minute Motion: 1) Approve the subject contract with Michael Volpone, Cathedral City, California, to maintain the City of Palm Desert's Public Art Collection and the 18 sculptures in the El Paseo Exhibition for one year in the amount of $54,000, renewable each year for a period of three years; 2) authorize the Mayor to execute same -- funds are available in Account No. 240-4650-454-3372. Action: B. REQUEST FOR ACCEPTANCE OF PROPOSAL FOR RESTORATION OF THE ROSE GARDEN COMMUNITY WALK IN THE CIVIC CENTER PARK (CONTRACT NO. C23580). Rec: By Minute Motion: 1) Award the subject contract to Sculpture Conservation Studio, Los Angeles, California, for restoration of the Rose Garden Community Walk in Civic Center Park in an amount not to exceed $31,500; 2) authorize the Mayor to execute said contract -- funds are available in Account Nos. 610-0000-228-5010 and 240-4650-454-3372. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 C. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C23450, PROJECT NO. 932-XX). Rec: By Minute Motion: 1) Award the subject contract to Tree Rite, Bermuda Dunes, California, in the amount of $156,088.70 and authorize a 10% contingency for the contract in the amount of $15,608.87; 2) authorize the Mayor to execute same -- funds are available in Public Works Park Maintenance, Assessment District Fund 200 Accounts, and the respective Housing Authority facility budgets. Action: XV. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 24, 2005 (Continued from the meeting of March 10, 2005). Rec: By Minute Motion, approve as presented. Action: XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, APPROVING A PARCEL MAP TO ESTABLISH A ONE- LOT SUBDIVISION WITH A CONDOMINIUM OVERLAY AT THE 191- SPACE INDIAN SPRINGS MOBILE HOME PARK LOCATED AT 49-305 HIGHWAY 74 (APN 652-120-007) Case No. PM 31862 (Indian Springs, Ltd., Applicant/Appellant) (Continued from the meeting of February 10, 2005). Rec: Waive further reading and adopt Resolution No. 05-18, denying the appeal and affirming the decision of the Planning Commission to approve Case No. PM 31862. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 B. CONSIDERATION OF AN APPEAL REGARDING PLANNING COMMISSION APPROVAL OF AN EXPANSION OF THE SACRED HEART ELEMENTARY SCHOOL AND CONSTRUCTION OF NEW PARKING LOTS WITH 158 SPACES AT 43-775 DEEP CANYON ROAD Case No. CUP 04-13 (Roman Catholic Bishop of San Bernardino, Applicant) (Thomas W. McCutchen, Appellant). Rec: By Minute Motion, continue the public hearing on the appeal to the meeting of April 14, 2005, to allow time for a supplemental traffic analysis to be completed and reviewed by staff. Action: 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 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 FUTURE MEETINGS: March 28, 2005 10:00 a.m. Historic Preservation Committee Administrative Conference Room April 5, 2005 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room April 12, 2005 12:00 p.m. Architectural Review Commission Community Services Conf. Room April 13, 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 April 14, 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 18th day of March, 2005. Rachelle D. Klassen, City Clerk 10