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Home My WebLink About2005-05-26 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 26, 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: 10 acres +/-, NEC Country Club Drive/Desert Willow Drive Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Sanderson J. Ray/Desert Springs Partners Other Parties: Under Negotiation: x Price x Terms of Payment 2) Property: 30-acre Site, NEC Portola Avenue/Gerald Ford Drive Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Michael Marix/Cornerstone Developers, Inc. Other Parties: Under Negotiation: x Price x Terms of Payment 3) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 201, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Virginia Waring International Piano Competition Under Negotiation: x Price x Terms of Payment 4) Property: NEC Tamarisk Row Drive/Country Club Drive (Freedom Park) POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2005 Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Sandra Schulz/Ice Empire 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.) 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 12, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 232, 233, 237, and 240. Rec: Approve as presented. C. COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of March 16, 2005. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2005 2. Public Safety Commission Meeting of April 13, 2005. 3. Youth Committee Meeting of April 5, 2005. Rec: Receive and file. D. REQUEST FOR ADOPTION of Resolutions Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt: 1) Resolution No. 05-36 for January 2005 Records; 2) Resolution No. 05-37 for February 2005 Records. E. REQUEST FOR AWARD OF CONTRACT for Landscape Architecture Construction Documents for Fred Waring Drive Widening Soundwall Between California Avenue and Elkhorn Trail (Contract No. C23670A, Project No. 654-01). Rec: By Minute Motion: 1) Award the subject contract to David Volz Design, Fountain Valley, California, in the amount of $33,300 and authorize a 10% contingency for the project; 2) authorize the Mayor to execute said contract. F. REQUEST FOR AUTHORIZATION to Accept Proposal for Annual Color for El Paseo Medians and Civic Center Park (Contract No. C23440, Project No. 930-XX). Rec: By Minute Motion, accept the proposal from Colorama Wholesale Nursery, Azusa, California, to grow and provide annual color for Fall 2005 and Spring 2006 for the El Paseo Medians and Civic Center Park at a cost of $20,330 - funds are available in Account No. 110-4610-453-2190 and 110-4611-453-3370. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C21140B - Construction of the Palma Village Neighborhood Park (James E. Simon Co., Indio, 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. H. CONSIDERATION of the Library Promotion Committee's Recommendation for Installation of Internet Wireless "Hot Spot" Equipment for the Palm Desert Public Library. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2005 Rec: By Minute Motion, concur with the recommendation of the Library Promotion Committee to approve of the installation of Internet wireless "Hot Spot" equipment for the Palm Desert Public Library and authorize expenditure of funds for same in an amount not to exceed $25,000 from the FY 2004/05 Library Fund Budget, Account No. 452-4662-454-4001 - funds are available for this purpose and no additional appropriation is required. I. INFORMATIONAL ITEMS: 1. Report on Building Height Exceptions 2. Update on Proposed New Sheriff's Facility Action: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: None X. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR ALL OR PART OF THE COST OF THE INSTALLATION AND POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2005 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. 05-35, approving payment by the Palm Desert Redevelopment Agency for all or part of the cost of the installation and construction of the Portola Avenue Bridge at the Whitewater Channel. 2) Redevelopment Agency Resolution No. 501, approving payment by the Palm Desert Redevelopment Agency for all or part of the cost of the installation and construction of the Portola Avenue Bridge at the Whitewater Channel. Action: B. REQUEST FOR APPROVAL OF THE INITIATION OF PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS AND TO GRANT PRELIMINARY APPROVAL OF ENGINEER'S REPORT FOR THE PALM DESERT CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2005/06. Rec: Waive further reading and adopt: 1) Resolution No. 05-38, initiating proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscape and Lighting District, FY 2005/06. 2) Resolution No. 05-39, declaring the intent to levy and collect annual assessments for the Palm Desert Consolidated Landscape and Lighting District, and granting preliminary approval of the Engineer's Report for FY 2005/06. Action: C. CONSIDERATION OF AN ORDINANCE TO REGULATE SHOPPING CARTS AND CONTRACTING FOR MUNICIPAL RETRIEVAL SERVICE. Rec: By Minute Motion: 1) Approve of the drafting of an ordinance for introduction that requires retailers to generate and implement a shopping cart loss prevention and collection system; 2) approve of the development and execution of a contract with a shopping cart POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2005 retrieval service; 3) approve a business license fee to pay for shopping carts retrieved through the City contractor that is applied six months after the Shopping Cart Loss Prevention Program Ordinance goes into effect, and only if a retailer's own program is not keeping their shopping carts off City streets and sidewalks. Action: D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES - CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 1 (CONTRACT NO. C23600, PROJECT NO. 901-XX). 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) award the subject contract to Shadow Palms Gardening Service, Indio, California, in the amount of $91,800 and authorize the Mayor to execute same. Action: E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES - CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT NO. C23610, PROJECT NO. 902-XX). 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) award the subject contract to Shadow Palms Gardening Service, Indio, California, in the amount of $126,000 and authorize the Mayor to execute same. Action: F. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES - CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 3 (CONTRACT NO. C23620, PROJECT NO. 903-XX) Rec: By Minute Motion: 1) Reject bids as non-responsive from Pac West Land Care, Inc., Garza Landscaping, Inc., Kirkpatrick Landscaping Services, Inc., Liberty Landscaping, Inc., and Oasis Landscaping & Tree Service; 2) award the subject contract to Steven Burt & POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2005 Associates, Inc., Bermuda Dunes, California, in the amount of $96,000 and authorize the Mayor to execute same. Action: G. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES - CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 6 (CONTRACT NO. C23630, PROJECT NO. 906-XX). 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 and authorize the Mayor to execute same. Action: XI. CONTINUED BUSINESS A. CONSIDERATION OF A LETTER FROM DESERT BREEZES HOMEOWNERS ASSOCIATION (Continued from the Meeting of April 28, 2005). Rec: Discussion to occur at the meeting. Action: B. REQUEST FOR APPROVAL OF BUILDING & SAFETY FEE SCHEDULE AMENDMENT FOR WATER HEATER REPLACEMENT PERMITS (Continued from the meeting of May 12, 2005). Rec: By Minute Motion, continue this matter to the meeting of June 9, 2005. Action: C. REQUEST FOR APPROVAL OF REVISED CONDITIONS OF APPROVAL FOR PRECISE PLAN 04-11 TO CLARIFY FINANCIAL RESPONSIBILITY Case No. PP 04-11 (Michael and Margaret Fincher, Applicants) (Continued from the meeting of May 12, 2005). Rec: By Minute Motion, revise the Conditions of Approval for Case No. PP 04-11 to include a provision for the City of Palm Desert to reimburse the Developer for 50% of the cost for design, construction, and inspection of the cul-de-sac, up to $25,000. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2005 XII. OLD BUSINESS None XIII. 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 meetings of February 10, March 24, and May 12, 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: XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder of Joint City Council, Redevelopment Agency, and Housing Authority Study Session to discuss the FY 2005/06 Budget, Tuesday, June 7, 2005, 9:00 a.m. Action: D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2005 o City Council Committee Reports: o City Council Comments: XV. ORAL COMMUNICATIONS – C 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. XVI. ADJOURNMENT FUTURE MEETINGS: June 7, 2005 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room June 8, 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 June 9, 2005 3:00 p.m. Regular City Council/RDA Meetings Civic Center Council Chamber POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2005 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 20th day of May, 2005. Rachelle D. Klassen, City Clerk