Loading...
HomeMy WebLinkAbout2005-08-25 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 25, 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: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 203, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Adopt-A-Class Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Artistic Entertainment Services, LLC, v. Coachella Valley Arts Alliance, et al., Los Angeles County Superior Court Case No. GC035698 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 2 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 2 V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS TO THE YOUTH COMMITTEE. Rec: By Minute Motion, appoint Samantha Cortese and Christina Sun to the Palm Desert Youth Committee to fill two of the current member vacancies there. Action: 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 XI, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of July 14, 2005, the Adjourned Regular Joint Meeting of the City Council and Redevelopment Agency of July 20, 2005; the Regular City Council Meetings of July 28, 2005, and August 11, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 266, 269, 271, 274, 275, 276, 280, 281, 284, 1, 3, 4, 7, 10, 11, 12, 15, 18, 19, 20, 22, 25, 26, 27, 31, 35, 36, and 38. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#554) by Southern California Edison in the Estimated Amount of $20,000. Rec: By Minute Motion, reject the Claim, which has been tendered to Granite Construction Company and Stone Eagle, and direct the City Clerk to so notify the Claimant. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 3 D. CITY'S AND REDEVELOPMENT AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for the Month of June 2005 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Back Street Bistro, Inc., 72-820 El Paseo, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dan's Wine Shop, Inc., 73-360 Highway 111, Suite 1, Palm Desert. Rec: Receive and file. G. CITY COMMITTEE AND COMMISSION MINUTES. 1. Art In Public Places Commission Meeting of June 15, 2005. 2. Historic Preservation Committee Meeting of June 27, 2005. 3. Investment & Finance Committee Meeting of June 22, 2005. 4. Sister Cities Committee Meeting of June 16, 2005. 5. Youth Committee Meeting of June 7, 2005. Rec: Receive and file. H. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization -- Computers and Related Accessories, Miscellaneous Electronics. Rec: By Minute Motion, declare items listed on the accompanying Staff Report (Exhibit "A") as surplus property and authorize their disposal as deemed appropriate and specified on the Staff Report. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 4 I. REQUEST FOR APPROVAL of the Use of Temporary Agencies for Temporary Staffing on an As-Needed Basis for Fiscal Year 2005/06. Rec: By Minute Motion, approve the following agencies for temporary staffing services to the City of Palm Desert, as needed: 1) Power Personnel, Palm Desert, CA; 2) Office Team, Indian Wells, CA; 3) Manpower, Palm Desert, CA; 4) Spherion, Palm Desert, CA. J. REQUEST FOR APPROVAL of Employment-related Health Services for Fiscal Year 2005/06. Rec: By Minute Motion, approve the use of Eisenhower Occupational Health Services to provide employment-related health services to the City of Palm Desert. K. REQUEST FOR APPROVAL of the Purchase of Gasoline and Diesel Fuels for Fiscal Year 2005/06. Rec: By Minute Motion, award the purchase of gasoline and diesel fuels for the City fleet to Lee Escher Oil Co., Inc., Coachella, California, in FY 2005/06. L. REQUEST FOR APPROVAL of Use of Vendors for Pest Control and Golf Cart Maintenance Services to the City of Palm Desert in Fiscal Year 2005/06. Rec: By Minute Motion, approve Truly Nolen Pest Control, Palm Desert, California, and Martin Mobile Golf Cars, Palm Desert, California, to provide services to the City of Palm Desert in FY 2005/06. M. REQUEST FOR APPROVAL of the Use of Original Equipment Manufacturer (OEM) Vendors for Specialized Street Maintenance Equipment. Rec: By Minute Motion, approve the use of the following OEM vendors: Ditch Witch of Southern California and Crafco, Inc. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 5 N. REQUEST FOR APPROVAL of Street Sweeping Services for State Highways in Palm Desert. Rec: By Minute Motion, approve the subject street sweeping services by CleanStreet, Gardena, California, at a reimbursement rate of $21.75 per curb mile. O. REQUEST FOR AUTHORIZATION to Advertise a Request for Proposals (RFP) for Design Services for the Westfield Shoppingtown Bus Bay Project (Contract No. C24140). Rec: By Minute Motion, authorize staff to advertise the subject RFP. P. REQUEST FOR RATIFICATION of Purchase Order for New Appliances for Fire Station No. 71. Rec: By Minute Motion, ratify City Purchase Order No. 012394 with Pacific Sales, Torrance, California, in the amount of $3,176.47 for new appliances at Fire Station No. 71 and allocate funds from Account No. 231-4220-422-4001 for these items. Q. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract No. C20580D1 -- Mesa View Fire Station (No. 67) Renovation Project. Rec: By Minute Motion, ratify Change Order No. 1 in the amount of $3,410.81 to the subject contract with Commercial Diversified, Inc., Twentynine Palms, California, for additional work associated with the project and authorize the Mayor to execute same. R. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23060C -- Supplemental Engineering Staff. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $9,600 to the subject contract with N A I Consulting, Inc., Cathedral City, California, for supplemental engineering staff and authorize the Mayor to execute same -- funds are available in Account No. 110-4300-413-3010. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 6 S. REQUEST FOR APPROVAL of Contract Amendment No. 2 to Contract No. C21590 -- Engineering Services for the Dinah Shore Drive and Portola Avenue Extension (Project No. 617-02). Rec: By Minute Motion, approve Contract Amendment No. 2 in the amount of $30,920 to the subject contract with Dudek & Associates, Inc., Palm Desert, California, and authorize the Mayor to execute same -- funds are available in Account No. 213-4365-433-4001. T. REQUEST FOR APPROVAL of Contract Amendment No. 2 to Contract No. C22300 -- Design of Portola Avenue/Country Club Drive/Cook Street Storm Drain (Project No. 601-05). Rec: By Minute Motion, approve Contract Amendment No. 2 in the amount of $17,500 to the subject contract with Harris & Associates, Irvine, California, to expand the scope of work to include a Striping Plan for the Cook Street Widening and authorize the Mayor to execute same -- funds are available in Account No. 213-4385-433- 4001. U. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22920A -- Street, Median, and Traffic Signal Improvements on Country Club Drive from Tamarisk Row to Park Center Drive (Project No. 713-04) (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. V. REQUEST FOR RATIFICATION of Emergency Storm Drain Repair at 74- 240 Goleta Avenue. Rec: By Minute Motion: 1) Ratify the City Manager's authorization for the subject work in an amount not to exceed $25,000 related to the removal of concrete debris and repair of the storm drain near 74- 240 Goleta Avenue; 2) appropriate said funds to Account No. 232- 4399-433-4001. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 7 W. REQUEST FOR APPROVAL of the Subdivision Map of Parcel Map No. 32867 (PRES Monterey I, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 05-66, approving the Subdivision Map of Parcel Map 32867. X. REQUEST FOR APPROVAL of Contract for City Hall Office Supplies (Contract No. C24260). Rec: By Minute Motion, approve the subject contract with Office Max for a one-year period with two possible one-year extensions. Y. REQUEST FOR APPROVAL of a Variance to Article 4.8.2 (C) of the Solid Waste Franchise Agreement, Requiring the Use of Alternative Fuel Vehicles for Collection Services (Contract No. C17230). Rec: By Minute Motion, approve a temporary six-month variance to Article 4.8.2 (C) of the subject agreement with Waste Management of the Desert. Z. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) with the Bureau of Land Management for Ranger Services and a Portion of Administrative Costs for the Santa Rosa Mountains Visitor Information Center (Contract No. C24150). Rec: By Minute Motion: 1) Authorize the Mayor to execute the subject MOU with the Bureau of Land Management (BLM) for a one-year period retroactive to January 1, 2005, and ending December 31, 2005; 2) authorize payment to the BLM for that same time period in the amount of $7,000. AA. REQUEST FOR APPROVAL of an "Authorization and Request for Shopper Hopper Service" with the Marriott Resorts Hospitality Corporation on Behalf of Shadow Ridge Associations (Contract No. C24160). Rec: By Minute Motion, authorize the Mayor to sign the subject "Authorization and Request for Shopper Hopper Service" agreement with the Marriott Resorts Hospitality Corporation (MRHC) on behalf of Shadow Ridge Resort Associations. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 8 BB. CONSIDERATION of Action by the Legislative Review Committee -- S1349 (Rockefeller) and HR 3146 (Blackburn) -- Franchise Fees. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of July 26, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to S1349 and HR 3146. CC. CONSIDERATION of Action by the Legislative Review Committee -- AB 462 (Tran) -- Disability Access. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of July 26, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 462. DD. REQUEST FOR APPROVAL of Out-of-State Travel for the Public Agency Risk Managers' Association (PRIMA) Associate in Risk Management (ARM) 56 Tutorial and Exam in Las Vegas, Nevada. Rec: By Minute Motion, approve the subject travel request for the Risk Manager's participation in the PRIMA ARM 56 Tutorial and Exam, October 17-21, 2005 -- funds are available in Account No. 110- 4260-422-3120. EE. REQUEST FOR APPROVAL of Out-of-State Travel for the 82nd Annual National League of Cities Congress of Cities and Exposition in Charlotte, North Carolina. Rec: By Minute Motion, approve the subject travel request for Palm Desert's Senior Management Analyst/Community Services and a member of the Palm Desert Youth Committee, December 6-10, 2005 -- funds are available in Account No. 110-4210-422-3061. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 9 FF. REQUEST FOR WAIVER of Fees Associated with The Historical Society of Palm Desert's 6th Annual Ed Mullins Picnic In The Park. Rec: By Minute Motion, waive fees associated with the subject event, scheduled to be held March 26, 2006, at Pavilion #1 at the Palm Desert Civic Center Park. GG. INFORMATIONAL ITEMS 1. Report on Increased Patrol in Civic Center Park 2. Update on Shopping Cart Retrieval Action: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 05-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2004/05 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 05-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A LOAN FROM THE GENERAL FUND TO THE NEW CONSTRUCTION TAX FUND FOR THE CONSTRUCTION OF THE CITY CORPORATION YARD. Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 10 C. RESOLUTION NO. 05-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR THE FORMATION OF MELLO-ROOS COMMUNITY FACILITIES DISTRICTS WITHIN THE CITY OF PALM DESERT. Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1097 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE, WITH CERTAIN AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CONDITIONS SET FORTH IN CALIFORNIA ELECTRICAL CODE; THE MOST RECENT ADOPTED EDITIONS AND ALL FUTURE EDITIONS AS ADOPTED AND AMENDED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION. Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 11 X. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS, DECLARING THE 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 AT THE WHITEWATER CHANNEL AND REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF THE BONDS, AND RESCINDING RESOLUTION NOS. 05-40 AND 502 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 05-65, declaring its intent to issue bonds or other obligations to be issued to finance the installation and construction of the Portola Avenue Bridge at the Whitewater Channel and reimburse certain expenditures from the proceeds of the bonds, and rescinding its Resolution No. 05-40. 2) Redevelopment Agency Resolution No. 504, 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 at the Whitewater Channel and reimburse certain expenditures from the proceeds of the bonds, and rescinding its Resolution No. 502. Action: B. REQUEST FOR ADOPTION OF THE PROPOSED POST-RETIREMENT MEDICAL SAVINGS PLAN AS AN ADDITIONAL EMPLOYEE BENEFIT AND DESIGNATION OF ICMA AS THE PLAN ADMINISTRATOR. Rec: 1) Waive further reading and adopt Resolution No. 05-70, adopting the Post-Retirement Medical Savings Plan as an additional employee benefit; 2) by Minute Motion, direct the City Manager to sign the contract with ICMA to establish this plan (Contract No. C24170). Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 12 C. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM FUNDS AND ADDITIONAL FUNDS FOR A PUBLIC SEATING AND PATIO EASEMENT FOR THE COBLE EL PASEO BUILDING AT 73-350 EL PASEO (Coble El Paseo Owners Association, Applicant). Rec: By Minute Motion, approve $130,000 in Facade Enhancement Program Consideration funds and an additional $80,000 in funding as consideration for a Public Seating and Patio Easement to the Coble El Paseo Owners Association for the Coble El Paseo Building -- funds are available in Account No. 400-4800-454-3875. Action: D. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM FUNDS FOR THE NEIL BUILDING LOCATED AT 73-790 EL PASEO AND 45-145 SAN LUIS REY AVENUE (David and Margaret Firestone, Applicants). Rec: By Minute Motion, approve $60,000 in Facade Enhancement Program Consideration funds to David and Margaret Firestone for The Neil Building located at 73-790 El Paseo and 45-145 San Luis Rey Avenue -- funds are available in Account No. 400-4800-454- 3875. Action: E. REQUEST FOR AWARD OF CONTRACT FOR INSTALLATION OF CURBING/FLATWORK ON THE FIRECLIFF COURSE/MOUNTAINVIEW COURSE AT THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C23960). Rec: By Minute Motion: 1) Authorize award of the subject construction contract to Contreras Construction Company, Indio, California, in the amount of $92,975; 2) authorize the Chairman to execute said contract; 3) authorize the Director of Finance to set aside the amount of $9,297.50 as 10% contingency for the project (use of contingency requires additional action) -- funds are available in Account No. 241-4195-495-8092. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 13 F. REQUEST FOR AWARD OF CONTRACT FOR PAINTING OF THE DESERT WILLOW CLUBHOUSE EXTERIOR (CONTRACT NO. C24180). Rec: By Minute Motion: 1) Authorize award of the subject contract to Southwest Coatings, Inc., San Pedro, California, in the amount of $44,950; 2) authorize the Mayor to execute same; 3) authorize the Director of Finance to set aside the amount of $4,495 as a 10% contingency (use of contingency requires additional action) -- funds are available in Account No. 241-4195-495-8092. Action: G. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR PARTICIPATION IN AN AFTER SCHOOL PROGRAM IN FISCAL YEAR 2005/06 (CONTRACT NO. C24190). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU between Desert Sands Unified School District and the City of Palm Desert as it relates to participation in its After School Program in the amount of $87,645 at Abraham Lincoln Elementary School. Action: H. REQUEST FOR APPROVAL OF CONTRACT FOR ANIMAL CONTROL SERVICES FOR THE CITY OF PALM DESERT, FISCAL YEAR 2005/06 (CONTRACT NO. C24200). Rec: By Minute Motion, award the subject contract to Riverside County Community Health Agency, Riverside, California, for FY 2005/06 for a term of one year from the date of contract execution and in an amount not to exceed $110,347, and authorize the Mayor to execute same. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 14 I. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR BUILDING PLAN REVIEW SERVICES FOR FISCAL YEAR 2005/06. Rec: By Minute Motion, approve of, award the subject agreements to, and authorize the Mayor to execute same with Esgil Corporation, San Diego, California (Contract No. C24210), and with California Code Check, Newbury Park, California (Contract No. C24220), beginning July 1, 2005, and ending June 30, 2006, and not to exceed the set amount in Account No. 110-4420-422-3010, as set forth in the FY 2005/06 Budget. Action: J. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR PART-TIME, IN-HOUSE, BUILDING PLAN REVIEW SERVICES FOR FISCAL YEAR 2005/06. Rec: By Minute Motion, approve of, award the subject agreement to, and authorize the Mayor to execute same with SRA Engineering, Inc., Laguna Hills, California (Contract No. C24230), for the period of September 12, 2005, until June 30, 2006 -- funds are available in Account No. 110-4420-422-3010, as set forth in the FY 2005/06 Budget. Action: K. REQUEST FOR APPROVAL OF THE COACHELLA VALLEY WATER DISTRICT (CVWD) AND CITY OF PALM DESERT JOINT WEATHER- BASED (Eto) CLOCK REBATE PROGRAM (CONTRACT NO. C24240). Rec: By Minute Motion, approve of, fund, and authorize the City Manager to execute an agreement with the CVWD for the subject rebate program. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 15 L. REQUEST FOR ADOPTION OF RESOLUTIONS IN SUPPORT OF 2005 TRANSPORTATION ENHANCEMENT FUNDING FOR LANDSCAPE PROJECTS ON MONTEREY AVENUE. Rec: Waive further reading and adopt Resolution Nos. 05-71 and 05-72, in support of filing for 2005 Transportation Enhancement Funding for Monterey Avenue Landscape Projects: 1) Center median and slopes of Monterey Avenue ramp between Dinah Shore Drive and the Southern Pacific Railroad; 2) new on/off ramp at the Monterey Avenue Interchange. Action: M. REQUEST FOR AUTHORIZATION FOR THE STRIPING OF GOLF CART/BIKE LANES ON COUNTRY CLUB DRIVE BETWEEN MONTEREY AVENUE AND COOK STREET. Rec: By Minute Motion, authorize the Public Works Department to stripe golf cart/bike lanes on Country Club Drive between Monterey Avenue and Cook Street. Action: XI. CONTINUED BUSINESS A. UPDATE ON MANOR CARE PARKING ON COUNTRY CLUB DRIVE (Continued from the meeting of July 14, 2005). Rec: By Minute Motion, receive and file the report. Action: B. REQUEST FOR APPROVAL OF GRANT FUNDING FOR PALM DESERT PRESBYTERIAN PRESCHOOL AND KINDERGARTEN FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND AND FACILITY IMPROVEMENTS (Continued from the meeting of July 14, 2005). Rec: By Minute Motion: 1) Approve a $38,193.33 grant to the Palm Desert Presbyterian Preschool and Kindergarten for playground and facility upgrades; 2) appropriate $38,193.33 from the Child Care Mitigation Fund 228; 3) authorize the City Manager to execute the required agreement (Contract No. C24050). Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 16 C. CONSIDERATION OF THE RESTRICTION OF LEFT TURNS FROM TUCSON CIRCLE TO NORTHBOUND WASHINGTON STREET (Continued from the meeting of July 14, 2005). Rec: By Minute Motion, continue until after the meeting to consider this matter is held between City of Palm Desert, Desert Sands Unified School District, and the City of La Quinta. Action: XII. OLD BUSINESS A. 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, award the subject contract to Garza Landscaping, Inc., Indio, California, in the amount of $61,800 and authorize the Mayor to execute same -- funds are available in Account No. 241-4195-495-3320. Action: B. 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, award the subject contract to Garza Landscaping, Inc., Indio, California, in the amount of $89,220 and authorize the Mayor to execute same -- funds are available in Account No. 110-4611-453-3370. Action: C. 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, award the subject contract to Steven Burt & Associates, Bermuda Dunes, California, in the amount of $73,212 and authorize the Mayor to execute same -- funds are available in Account No. 241-4195-495-3320. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 17 D. REQUEST FOR RATIFICATION OF EMERGENCY REPAIR/REPLACEMENT WORK RELATING TO THE CIVIC CENTER PARK PLAYGROUND EQUIPMENT (CONTRACT NO. C24040). Rec: By Minute Motion: 1) Ratify the City Manager's authorization of the subject contract award to RFL Construction, Palm Desert, California, in the amount of $114,360; 2) authorize a 10% contingency for the project in the amount of $11,436 -- funds are available in Account No. 233-4667-454-4001. Action: E. REQUEST FOR APPROVAL OF THE REVISED DESIGN FOR SAGEWOOD DRIVE LEFT-TURN EGRESS. Rec: By Minute Motion, approve the revised design for Sagewood Drive left-turn egress. Action: XIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A DECISION BY THE PLANNING COMMISSION, DENYING A VARIANCE TO ALLOW A FREESTANDING PATIO COVER, 12 FEET IN HEIGHT SETBACK 3 FEET-2 INCHES FROM THE REAR PROPERTY LINE AT 74-431 DE ANZA WAY (APN 625-074-004) Case No. VAR 05-02 (Abbass and Judith Kamouie, Applicants/Appellants) (Continued from the meeting of July 14, 2005). Rec: Waive further reading and adopt Resolution No. 05-62, denying the appeal and Case No. VAR 05-02. Action: B. REQUEST FOR APPROVAL OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE AS IT RELATES TO EXPIRATION OF APPLICATION APPROVALS ON PHASED PROJECTS Case No. ZOA 05-01 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1098 to second reading, approving Case No. ZOA 05-01. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 18 C. REQUEST FOR APPROVAL OF THE REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2004/05. Rec: By Minute Motion, approve reprogramming of CDBG funds in the amount of $28,965 from Father Joe's Village and Kitchen to Episcopal Community Services (ECS) for the Nightengale Manor Project. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: 1. Update on the Palm Springs Desert Resorts Convention & Visitors Authority (Councilmember Jean M. Benson) Action: o City Council Comments: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005 19 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: August 29, 2005 10:00 a.m. Historic Preservation Committee Administrative Conference Room September 6, 2005 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room September 7, 2005 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 3:30 p.m. Housing Commission (Adj. from Aug. 10) North Wing Conference Room September 8, 2005 3:00 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 19th day of August, 2005. Rachelle D. Klassen, City Clerk