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HomeMy WebLinkAbout2004-08-26 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 26, 2004 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: APN 618-490-025 (10 acres) Negotiating Parties: Agency: Carlos L. Ortega/Justin McCarthy/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: City of Palm Desert/County of Riverside Other Parties: Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 106, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Economic Partnership POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 Under Negotiation: x Price x Terms of Payment 3) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 103, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: National Multiple Sclerosis Society Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. Bananaz Grill & Bar, Riverside County Superior Court 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 - Mayor Pro Tem Buford A. Crites VII. INVOCATION - Councilman 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 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 A. PRESENTATION OF PROCLAMATION DECLARING AUGUST 2004 AS "NATIONAL IMMUNICATION AWARENESS MONTH" IN THE CITY OF PALM DESERT. Rec: Action: B. PRESENTATION TO RECOGNIZE BEVERLY BERGH FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS LIBRARY PROMOTION COMMITTEE. Rec: Action: C. PRESENTATION TO RECOGNIZE BETHANY WALKER FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS YOUTH COMMITTEE. Rec: Action: D. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE -- AUGUST 2004. 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 July 8, July 22, and August 12, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. for FY 2003/04 and FY 2004/05: 251, 254, 260, 261; 1, 2, 4, 8, 9, 12, 15, 16, 19, 23, 24, 27, 31, 32, and 36. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 Rec: Approve as presented. C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for the Months of May 2004 and June 2004 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bradley K. Hughes for The Jetty Incorporated, 72-191 Highway 111, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mary Duggan and Michael Duggan for Napas Tapas, 73-900 El Paseo, #2, Palm Desert Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Teri Lockard for Cafe Marche, 73-375 El Paseo, Suite F, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Silvia Ortega and Ubaldo Ortega for Las Brasas, 73-121 Country Club Drive, Suite A5, Palm Desert Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hung Sheng Cheng and Li Chuan Huang for Dragon Gate Chinese Restaurant, 44-491 Town Center Way, 5, Suite E, Palm Desert. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Anju Gore Verma and Rajesh Kumar Verma for Monsoon, 73-675 Highway 111, Palm Desert. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 Rec: Receive and file. J. COMMITTEE AND COMMISSION MEETING MINUTES. 1. Entrada del Paseo Steering Committee Meetings of May 12, and June 23, 2004. K. 2. Housing Commission Meeting of June 9, 2004. L. 3. Investment & Finance Committee Meeting of May 26, 2004. Rec: Receive and file. K. LETTER OF RESIGNATION from Peggy Steen -- Sister Cities Committee. Rec: Receive with very sincere regret. L. LETTER OF RESIGNATION from Bethany Walker -- Youth Committee. Rec: Receive with very sincere regret. M. REQUEST FOR DECLARATION of Surplus Property and Authorization to Sell -- Civic Center Park Central Irrigation Controller. Rec: By Minute Motion, declare various electronic components of the obsolete Civic Center Park Barrington Central Irrigation Controller as surplus property and authorize sale of said equipment to LBT Engineers, Inc., Coronado, California. N. REQUEST FOR APPROVAL of CD Imaging of Finance Department Accounts Payable, Cash Receipts, Bank Reconciliations, Business License Files, Ledgers, and Journals. Rec: By Minute Motion: 1) Approve the CD imaging of the subject Finance Department Records for the periods 1999 - 2001; 2) authorize California CD Imaging Center, Rancho Cucamonga, California, to perform said services, per the proposal of June 28, 2004. O. REQUEST FOR RATIFICATION of an Agreement for Professional Services -- Interim Director of Human Resources. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 Rec: By Minute Motion, ratify authorization of the City Manager and Mayor, and approve the subject contract with Duane Kenneth Munson in the amount of $10,000 per month. P. REQUEST FOR APPROVAL of Various Contractor Services for Plumbing, Electrical, and Heating/Air Conditioning Services (HVAC) on an As- needed Basis. Rec: By Minute Motion, approve the named contractors on the accompanying staff report as authorized to provide services to the City of Palm Desert based on hourly rates and availability for work on projects needing immediate attention. Q. REQUEST FOR APPROVAL of the Purchase of Aftermarket Automotive Parts, Tools, Equipment, and Services on an As-needed Basis. Rec: By Minute Motion, approve the use of NAPA Auto Parts to supply general aftermarket automotive parts, tools, equipment, and services as needed for fleet maintenance. R. REQUEST FOR APPROVAL of Fleet Repair Services. Rec: By Minute Motion, approve the use of Hovley Tire, Palm Desert, for general fleet repair services that cannot be accomplished by the City's Mechanic, or under warranty or manufacturer specification. S. REQUEST FOR APPROVAL of Agreement for the Installation and Storage of Holiday Decorations (Contract No. C19354). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with The Jarvis Company, Brentwood, California, in the amount of $9,548.19 -- funds are available in Account No. 110- 4416-414-3061. T. REQUEST FOR APPROVAL of the Extension of Contract for Citywide Office Supplies (Contract No. C21271). Rec: By Minute Motion, approve a one-year extension to the subject contract with Office Depot, with one possible one-year extension. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 U. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C20580A -- Architectural Services for the Mesa View Fire Station. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $27,000 to the subject contract with Urrutia, AIA & Associates, Palm Springs, California, for additional architectural services for the Mesa View Fire Station Renovation Project and authorize the Mayor to execute same. V. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract No. C22100A -- Construction Management Services for the Aztec Road at Cook Street Intersection Improvements (Project No. 602-02). Rec: By Minute Motion, ratify the City Manager's approval of Change Order No. 1 in the amount of $17,000 to the subject contract with Coachella Valley Construction Services, Indio, California, for additional hours required on site, and authorize the Mayor to execute same. W. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20910C -- Construction of the Street Improvements at Highway 111 Between Cabrillo and Hospitality Row (Project No. 635C-00) (Granite Construction Company, 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. X. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20920A -- Construction of the Portola Avenue Widening Between El Cortez and San Marino (Yeager Skanska, Inc., Riverside, 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. Y. REQUEST FOR AUTHORIZATION to Execute a Quitclaim Deed to Perfect the Intent of Approving Parcel Map Waiver 04-14 -- Joslyn Senior Center and the Proposed Community Room on Catalina Way. Rec: By Minute Motion, authorize the Mayor to execute the subject Quitclaim Deed, which will implement the adjusted lots, pursuant to the Certificate of Compliance Parcel Map Waiver 04-14, as POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 approved by the City of Palm Desert Planning Commission on August 3, 2004. Z. CONSIDERATION of Sidewalk and Bike Lane on Grapevine Street. Rec: By Minute Motion, concur with staff recommendation not to install sidewalk or bike lane on Grapevine Street. AA. CONSIDERATION of Request to Refund Art In Public Places Fee for an Unrealized Project at 73-411 Highway 111 (Allied District Properties, Corp., Applicant). Rec: By Minute Motion, approve the return of Allied District Corp.'s Art In Public Places Fee in the amount of $1,585 for the subject project. BB. REQUEST FOR APPROVAL of a New Replacement Sculpture Design for the 2005/06 El Paseo Exhibition. Rec: By Minute Motion, concur with the Art In Public Places Commission and approve the replacement sculpture by Jon Seeman for the 2005/06 El Paseo Exhibition. CC. REQUEST FOR APPROVAL of the Sale, Possession, and Consumption of Beer and Wine on City-owned Property in Connection with a Special Event, the 2004 Palm Desert Golf Cart Parade. Rec: By Minute Motion, permit the sale, possession, and consumption of beer and wine on City-owned property in connection with a special event, the Palm Desert Golf Cart Parade, scheduled to be held on Sunday, November 7, 2004. DD. REQUEST FOR WAIVER OF FEES Associated with the Historical Society of Palm Desert's Fifth Annual "Ed Mullins Picnic In The Park." Rec: By Minute Motion, waive fees associated with the subject event, scheduled to be held on Sunday, March 20, 2005, at Pavilion #1 in the Palm Desert Civic Center Park. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 EE. REQUEST FOR APPROVAL of Out-of-state Travel for the International Festival and Events Association's (IFEA) Certification/Training/Conference in Boston, Massachusetts. Rec: By Minute Motion, approve out-of-state travel for the Community Services Division's Senior Management Analyst to attend the annual IFEA Conference November 8-12, 2004, in Boston, Massachusetts -- funds are available in Account No. 110-4132-411- 3120. FF. REQUEST FOR APPROVAL of Out-of-state Travel for the Autodesk University User Conference in Las Vegas, Nevada. Rec: By Minute Motion, approve out-of-state travel for Public Works Department's Transportation Engineer to attend the Autodesk University User Conference November 30 - December 3, 2004, in Las Vegas, Nevada -- funds are available in Account No. 110-4300- 413-3120. GG. REQUEST FOR RATIFICATION of Advertising Buys in Good Housekeeping Magazine for Fiscal Year 2004/05. Rec: By Minute Motion, ratify the expenditure of $40,945 for advertising buys in Good Housekeeping Magazine for FY 2004/05 -- funds are available in the current Marketing Budget. HH. REQUEST FOR APPROVAL of Financial Support for the 2-1-1 Social Services Hotline. Rec: By Minute Motion, approve the City of Palm Desert's financial participation in the 2-1-1 Social Services Hotline in the amount of $5,350 ($0.13 per resident) and appropriate said funds from the Unobligated General Fund to Account No. 110-4159-415-3090 for this purpose. II. REQUEST FOR RATIFICATION of the City Manager's Approval of Change Order No. 1 to Contract No. C22880 -- Tenant Improvements at the Parkview Office Complex, Suite No. 222. Rec: By Minute Motion, ratify the City Manager's approval of Change Order No. 1 in the amount of $5,144 to the subject contract with POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 Doug Wall Construction, Inc., Bermuda Dunes, California, and appropriate said funds from Fund 510 for this purpose. JJ. REQUEST FOR APPROVAL for Original Equipment Manufacturer (OEM) Repair and Maintenance Services for Fiscal Year 2004/05. Rec: By Minute Motion, approve use of the following OEM vendors for Fy 2004/05: 1) Palm Springs Motors; 2) Unicars Honda; 3) Crystal Chrysler; 4) Turf Staf; 5) Ground Works; 6) Kelly Equipment; 7) Johnson Power Systems; 8) R.D.O. Equipment; 9) GCS Western Power & Equipment. KK. REQUEST FOR APPROVAL of Various Vendor Services Provided to the City of Palm Desert for Fiscal Year 2004/05. Rec: By Minute Motion, approve use of the following vendors for a variety of services to be provided to the City of Palm Desert for FY 2004/05: 1) Stan's Truck and Tire; 2) Parkhouse Tires; 3) K&C Mowers; 4) ICI Dulux Paint; 5) Tops N Barricades; 6) Desert Electric Supply; 7) Harv's Car Wash; 8) Anderson Communication; 9) Z Best Grinding; 10) Desert Filter Recycling; 11) San Diego Rotary Broom; 12) Safety Kleen. LL. REQUEST FOR APPROVAL of the Extension of Contract for Traffic Signal Maintenance Services (Contract No. C22281). Rec: By Minute Motion, approve extensioin of the subject contract with Team Econolite Traffic Engineering and Maintenance, Inc., Anaheim, California, for one year in an amount not to exceed $50,000 and authorize the Mayor to execute same. MM. REQUEST FOR RATIFICATION of Change Order No. 2 to Contract No. C19250 -- Design Engineering of the Palm Desert Corporation Yard Expansion (Project No. 715-00). Rec: By Minute Motion, ratify Change Order No. 2 in the amount of $6,270 to the subject contract with David Evans and Associates, Ontario, California, and authorize the Mayor to execute same. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 NN. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C20991 -- Services for Landscape Maintenance Area No. 5. Rec: By Minute Motion, accept proposal in the amount of $650 per month by and approve Change Order No. 1 therefor to the subject contract with Steven Burt & Associates, Bermuda Dunes, California, for the landscape maintenance at Parkview Office Complex, and authorize the Mayor to execute same. OO. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22360 -- Landscape Installation on Portola Avenue and Hovley Lane East Median Island. Rec: By Minute Motion: 1) Allocate $11,183.22 from Unobligated Funds to Account No. 400-4614-453-4001; 2) approve Change Order No. 1 in the amount of $11,183.22 to the subject contract with Hort Tech Landscape, Inc., La Quinta, California, which includes contingency, and authorize the Mayor to execute same. PP. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies QQ. 2. Report on Final Payment for Westfield (Joint Consideration with the Palm Desert Redevelopment Agency) Rec: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 04-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF A PUBLIC STREET KNOWN AS OCOTILLO DRIVE UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT (George and Sara Buono, Applicants). Rec: Waive further reading and adopt. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 Action: B. RESOLUTION NO. 04-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2003/04 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1074 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 24 OF THE PALM DESERT MUNICIPAL CODE BY AMENDING SUBSECTION B (9) OF SECTION 24.12.040 REGARDING FUGITIVE DUST CONTROL (AMENDING ORDINANCE NO. 1056). Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1072 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND REPLACE ITS ORDINANCE NO. 855, AND ESTABLISHING A NEW PERSONNEL SYSTEM AS CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE. Rec: By Minute MOtion, continue this matter to the meeting of September 23, 2004, in order to provide more time for "Meet and Confer" sessions with the Palm Desert Employees Organization. Action: B. ORDINANCE NO. 1073 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.36.010 OF THE PALM DESERT MUNICIPAL CODE (AMENDING ITS ORDINANCE NO. 266) WITH RESPECT TO THE AREA SUBJECT TO THE FIRE PROTECTION FUND. Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 XIV. NEW BUSINESS A. REQUEST FOR AWARD OF BID FOR THE PURCHASE OF THREE HONDA CIVIC HYBRID VEHICLES. Rec: By Minute Motion, award the subject purchase to Norm Reeves Honda, Temecula, California, in the amount of $62,094 ($20,698 each). Action: B. REQUEST FOR APPROVAL OF A TWO-YEAR EXTENSION OF THE PROPERTY MANAGEMENT AGREEMENT FOR MANAGEMENT SERVICES AT PARKVIEW OFFICE COMPLEX (CONTRACT NO. C15104). Rec: By Minute Motion, approve a two-year extension of the subject contract with Mason & Mason Inc., Montrose, California, in the amount of $66,000 annually (contract price will not change) and authorize the Mayor to execute same. Action: C. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT FOR THE INSTALLATION OF CURBING AND FLATWORK ON THE FIRE CLIFF AND MOUNTAIN VIEW COURSES AT THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C23030). Rec: By Minute Motion: 1) Authorize award of the subject construction contract to Contreras Construction Company, Indio, California, in the amount of $68,964; 2) authorize the Mayor to execute same; 3) authorize the Director of Finance to set aside the amount of $6,986.40 as a 10% contingency for the project (use of contingency requires additional action) -- funds are available in Account No. 241-4195-495-8092. Action: D. REQUEST FOR APPROVAL OF MUSICIANS OUTLET MUSIC FESTIVAL AND MUSIC EDUCATION FUND RAISER ON SEPTEMBER 19, 2004, AT THE NORTHEAST CORNER OF ALESSANDRO AND SAN PABLO, INCLUDING THE CLOSURE OF 350 FEET OF ALESSANDRO BETWEEN SAN CARLOS AND SAN PABLO Case No. TUP 04-35 (Randy Hewitson, Musicians Outlet, Applicant). Rec: By Minute Motion, approve the Music Festival, as proposed, with closure of Alessandro, subject to compliance with Police, Fire, Public Works, and Community Development Requirements. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 Action: E. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2004/05. Rec: By Minute Motion, concur with the recommendations of the Outside Agency Funding Committee and approve charitable contributions in the amount of $399,500 to the 23 agencies listed in the accompanying staff report. Action: F. REQUEST FOR AWARD OF CONTRACT FOR HIGHWAY 111 MEDIAN LANDSCAPING FROM TOWN CENTER WAY TO HOSPITALITY ROW (CONTRACT NO. C22990, PROJECT NO. 935-03). Rec: By Minute Motion: 1) Award the subject contract to Marina Landscape, Anaheim, California, in the amount of $439,912; 2) authorize a 10% contingency for the project in the amount of $43,991.20; 3) authorize the Mayor to execute the contract. Action: G. REQUEST FOR AUTHORIZATION TO DEFER PURCHASE OF A NEW STREET SWEEPER AND TO EXPAND THE EXISTING CONTRACT FOR STREET SWEEPING (CONTRACT NO. C22560). Rec: By Minute Motion: 1) Defer purchase of a new street sweeper and reject the bid received for same from GCS Western Power; 2) authorize expansion of the current residential street sweeping contract with CleanStreet, Gardena, California, to include biweekly sweeping of all maintained City streets at the current rate of $26.95 per curb mile. Action: XV. CONTINUED BUSINESS XVI. OLD BUSINESS A. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT FOR THE CONSTRUCTION OF THE PALMA VILLAGE NEIGHBORHOOD PARK (CONTRACT NO. C21140B, PROJECT NO. 712-02). Rec: By Minute Motion: 1) Authorize award of the subject contract to James E. Simon Company, Indio, California, in the amount of $1,232,781.10 and the Mayor to execute same; 2) approve Change POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 Order No. 1, reducing the amount of the subject contract by $154,400; 3) authorize a 10% contingency for the project in the amount of $107,838; 4) authorize an amount not to exceed $30,000 for utility fees, construction staking, and related project costs; 5) appropriate additional funds in the amount of $250,000 from Parks and Recreation Fund 430 and reduce University Village Park "A&B" by $40,000 each. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF THE PLANNING COMMISSION'S APPROVAL OF A REQUEST BY NEXTEL COMMUNICATIONS AND CINGULAR WIRELESS TO CONSTRUCT A 75-FOOT HIGH MONOPINE WIRELESS TELECOMMUNICATIONS TOWER WITH TWO ADJACENT EQUIPMENT SHELTER BUILDINGS WITHIN A 25-FOOT BY 60-FOOT FENCED AREA -- PROJECT SITE IS LOCATED 300 FEET SOUTH OF COUNTRY CLUB DRIVE AND 1,300 FEET EAST OF EL DORADO DRIVE, AND IS PART OF A SOUTHERN CALIFORNIA EDISON SUBSTATION Case No. CUP 04-01 (Nextel Communications and Cingular Wireless, Applicants) (Continued from the meetings of April 8, May 27, and June 24, 2004). Rec: By Minute Motion, continue the matter to the meeting of September 23, 2004. Action: B. CONSIDERATION OF APPROVAL OF A PRECISE PLAN OF DESIGN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A 135,152 SQUARE FOOT HOME IMPROVEMENT CENTER AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND GERALD FORD DRIVE (35-850 MONTEREY AVENUE) -- PROJECT INCLUDES A HEIGHT EXCEPTION TO PERMIT ARCHITECTURAL PROJECTIONS AT 34 FEET, 36 FEET, 44 FEET, AND 48 FEET, AND A HEIGHT EXCEPTION FOR THE WALL-MOUNTED BUSINESS IDENTIFICATION SIGN AT 33 FEET Case No. PP 04-13 (EN Engineering for Lowe's Home Improvement, Applicant). Rec: Waive further reading and adopt Resolution No. 04-87, approving Case No. PP 04-13, including building and sign height exceptions. Action: C. REQUEST FOR APPROVAL OF A PRECISE PLAN AND HEIGHT EXCEPTION TO ALLOW CONSTRUCTION OF A 19,565 SQUARE POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 FOOT SHOWROOM/WAREHOUSE AND ASSOCIATED VEHICLE STORAGE YARD ON A 1.14-ACRE PARCEL -- GENERALLY LOCATED APPROXIMATELY 900 FEET EAST OF COOK STREET ON THE NORTH SIDE OF GERALD FORD DRIVE Case No. PP 04-14 (William Sharon, Smith Consulting Architects for D'Mundo Tile, Applicant). Rec: Waive further reading and adopt Resolution No. 04-88, approving Case No. PP 04-14, subject to conditions. Action: D. CONSIDERATION OF THE VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY KNOWN AS FRANKONIA COURT (J. W. Design & Construction, Inc., Applicant). Rec: By Minute Motion, continue this public hearing to the meeting of September 9, 2004. Action: E. REQUEST FOR APPROVAL OF REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO DESIGNATED ORGANIZATIONS IN SPECIFIED AMOUNTS. Rec: By Minute Motion, approve reprogramming of CDBG funds in the amount of $193,094.54 to the following organizations: 1) Joslyn Cove Senior Center Project -- $15,000; 2) Redevelopment Agency/Housing Authority's Senior Community Room -- $168,813; 3) Family YMCA, Jean Benson Child Care Center -- $9,280.54. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK A. Consideration of Re-scheduling First Meeting in November 2004 Due to Observance of the Veterans' Day Holiday on November 11. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004 o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: September 1, 2004 3:30 p.m. Housing Commission (in lieu of September 8) North Wing Conference Room September 7, 2004 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 September 8, 2004 8:30 a.m. Parks & Recreation Commission Community Services Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room September 9, 2004 4:00 p.m. Regular City Council/RDA Meetings 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 20th day of August, 2004. Rachelle D. Klassen, City Clerk