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HomeMy WebLinkAbout2005-06-23 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 23, 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 Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. Van Alstine, Riverside County Superior Court Case No. INC 035579 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 4 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS. None 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 June 9, 2005. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 251, 252, 255, and 256. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#540) by Linda Grant in the Amount of $1,000. Rec: By Minute Motion, reject the Claim and direct the CIty Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#549) by Joe Eustice in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. CLAIM AGAINST THE CITY (#550) by Karen Wilkinson in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. F. COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of May 11, 2005. 2. Youth Committee Meeting of May 3, 2005. Rec: Receive and file. G. LETTER OF RESIGNATION from Nicholas Asbury -- Youth Committee Rec: Receive with very sincere regret. H. LETTER OF RESIGNATION from Kayleigh Hyde -- Youth Committee POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 Rec: Receive with very sincere regret. I. RESIGNATION from Michelle Stein -- Youth Committee. Rec: Receive with very sincere regret. J. REQUEST FOR APPROVAL of Agreement for an Employee Assistance Program (E.A.P.) (Contract No. C23890). Rec: By Minute Motion, award the subject contract to The Valley Partnership at a rate of $2.00 per employee per month, beginning on July 1, 2005, and authorize the City Manager to execute same. K. REQUEST FOR APPROVAL of Renewal Contract to Maintain the City's Membership in the Coachella Valley Employment Relations Consortium (Contract No. C21521). Rec: By Minute Motion, approve renewal of the subject contract with the firm of Liebert Cassidy Whitmore (LCW) to maintain the City's membership in the Coachella Valley Employment Relations Consortium, authorize the City Manager to sign the proposed contract with LCW, and authorize payment of the annual membership fee of $3,352 before August 1, 2005. L. REQUEST FOR APPROVAL of the Seventh Amendment to Lease Agreement with Desert Sands Unified School District (DSUSD) for the Palm Desert Community Park at Palm Desert Middle School (Contract No. C16977). Rec: By Minute Motion, authorize the Mayor to execute the subject Seventh Amendment to Lease Agreement. M. REQUEST FOR AWARD OF CONTRACT for Design of the Monterey Avenue Bridge Over the Whitewater Channel Expansion Joint Repair Project (Contract No. C23900, Project No. 643-05). Rec: By Minute Motion: 1) Award the subject contract to Moffatt & Nichol, Irvine, California, in the amount of $19,948 and authorize a 10% contingency for the project; 2) authorize the Mayor to execute said contract -- funds are available in Account No. 110-4300-433- 3010. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 N. REQUEST FOR AUTHORIZATION for Payment of Invoice for Emergency Plumbing Repair at Hidden Palms. Rec: By Minute Motion, authorize reimbursement to Hidden Palms for payment of an invoice from Preferred Plumbing, Heating & Air Conditioning, Palm Springs, California, in the amount of $1,701.25 for emergency repair work during construction of the soundwall around the perimeter of Hidden Palms (Project No. 654-01) -- funds are available in Account No. 400-4399-433-4001. O. REQUEST FOR EXTENSION of Contract for City Residential and Commercial Street Sweeping Services (Contract No. C22561). Rec: By Minute Motion: 1) Approve a one-year extension of the subject contract with CleenStreet, Gardena, California, at the rate of $27.89 per curb mile; 2) authorize the Mayor to execute same -- funds are available in the FY 2005/06 Budget, Account No. 110-4310-433- 3320. P. REQUEST FOR EXTENSION of Contract for Sweeping of City Parking Lots (Contract No. C22771). Rec: By Minute Motion: 1) Extend the contract with M & M Sweeping, Inc., Thousand Palms, California, for sweeping of President's Plaza East/West, President's Plaza III, and Entrada del Paseo parking lots inthe amount of $9,384 per year ($782/month); 2) authorize the Mayor to execute same -- funds are available in Account Nos. 277- 4373-433-3091, 282-4373-433-3091, and 110-4310-433-3320 for the annual services. Q. REQUEST FOR AWARD OF BID for the Purchase of 36,400 Pounds of Roadsaver Low Tack Crack Seal Material. Rec: By Minute Motion, award the subject bid to Crafco, Inc., Chandler, Arizona, for the purchase of Crafco Roadsaver Low Tack crack seal material in the amount of $9,805.25, which includes tax and delivery -- funds are available in 110-4250-433-2145. R. REQUEST FOR APPROVAL of the Purchase of Fertilizer Supplies for Fiscal Year 2005/06. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 Rec: By Minute Motion, approve the purchase of fertilizer supplies from Golf Ventures West, Bermuda Dunes, California, in the amount of $23,692 -- funds are available in approved Landscape & Lighting District Accounts as well as General Fund Maintenance and Supplies Accounts. S. REQUEST FOR APPROVAL of the Purchase of Irrigation Supplies for Fiscal Year 2005/06. Rec: By Minute Motion, approve the purchase of irrigation supplies from United Green Mark, Inc., Palm Desert, California, in the amount of $8,095.74 -- funds are available in approved Landscape & Lighting District Accounts as well as General Fund Maintenance and Supplies Accounts. T. REQUEST FOR APPROVAL of Original Equipment Manufacturer (OEM) Services for Fiscal Year 2005/06. Rec: By Minute Motion, approve use of the following OEM vendors for FY 2005/06: 1) Palm Springs Motors; 2) Unicars Honda; 3) Crystal Chrysler; 4) Turf Star; 5) Torrence's Farm Implement; 6) Kelly Equipment; 7) Johnson Power Systems; 8) R.D.O. Equipment; 9) GCS Western Power & Equipment. U. REQUEST FOR APPROVAL of Vendor for General Fleet Repair Services. Rec: By Minute Motion, approve the use of Hovley Tire, Palm Desert, California, for general fleet repair services that cannot be accomplished by the City's Mechanic, are not under a warranty, or are manufacturer-specific. V. REQUEST FOR APPROVAL of Supplier for General Aftermarket Automotive Parts, Tools, Equipment, and Services, As Needed, for Fleet Maintenance. Rec: By Minute Motion, approve the use of NAPA Auto Parts, Palm Desert, California, to supply general aftermarket automotive parts, tools, equipment, and services, as needed, for fleet maintenance for FY 2005/06. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 W. REQUEST FOR APPROVAL of the Use of Various Vendors for Various Services Provided to the City of Palm Desert. Rec: By Minute Motion, approve use of the following vendors for a variety of services provided to the City of Palm Desert: 1) A & S Automotive; 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 Environmental Services; 11) San Diego Rotary Broom; 12) AmeriGas; 13) American Industrial Supply; 14) Safety Kleen; 15) Sepulveda Building Materials; 16) HUB Construction Specialties; 17) Granite Construction. X. REQUEST FOR AUTHORIZATION to Purchase L.E.D. Retrofit Kits for Illuminated Street Name Signs. Rec: By Minute Motion, authorize purchase of L.E.D. retrofit kits for illuminated street name signs from various manufacturers to determine quality and authorize the purchase of the best kits in an amount not to exceed $35,000 -- funds are available in the Traffic Signal Maintenance Account, No. 110-4250-433-3325. Y. INFORMATIONAL ITEMS: 1. Energy Coalition Progress Report Rec: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 05-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2004/05 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS FROM THE TRAFFIC SAFETY, GAS TAX, INTERNAL SERVICE, AND THE GENERAL FUND. Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 B. RESOLUTION NO. 05-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE NEW ADJUSTED RATE SCHEDULE OF FEES (EXHIBIT 5A) FOR THE COLLECTION, RECYCLING, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RESIDENTIAL/COMMERCIAL RECYCLING CONTAINED IN CONTRACT NO. C17230 -- SOLID WASTE MANAGEMENT SERVICES. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 05-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE SEC. 21000 ET SEQ.) Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: None For Adoption: None X. NEW BUSINESS A. REQUEST FOR APPROVAL OF ACTIONS TO RENOVATE THE LANDSCAPING FOR DESIGNATED LANDSCAPE AND LIGHTING DISTRICTS (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: That the City Council, by Minute Motion: 1) Award a contract to Steven Burt & Associates, Bermuda Dunes, California, in the amount of $469,082 for Landscape and Lighting District Landscape Renovations (Contract No. C23040A, Project No. 936-04); 2) set aside a 10% contingency for the project in the amount of $46,908.20; 3) authorize the Mayor to execute the agreement; 4) appropriate $271,433.80 to Fund 400 Capital Projects Reserves. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 That the Agency Board, by Minute Motion: 1) Authorize the transfer to Fund 400 Capital Projects Reserves of $55,324.50 from Project Area No. 1; $178,041.60 from Project Area No. 2; and $38,067.70 from Project Area No. 3; 2) appropriate $26,000 to Account No. 853-4388-433-4001 from Project Area No. 3 Unobligated Funds. Action: B. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING A DEVIATION FROM THE APPROVED SIGN PROGRAM FOR PROPERTY LOCATED AT 73-733 FRED WARING DRIVE, SUITE 108 Case No. SA 05-44 (CenterPointe Lending, Applicant/Appellant). Rec: By Minute Motion, affirm the action of the Architectural Review Commission dated May 10, 2005, denying the request for deviation from the approved sign program. Action: C. CONSIDERATION OF A COOPERATIVE AGREEMENT TO PROVIDE FIRE-RELATED SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT, AND A JOINT POWERS AGREEMENT RE-FORMING THE COVE COMMUNITIES SERVICES COMMISSION. Rec: By Minute Motion: 1) Provide direction relative to the City providing fire inspection services directly or via a contractual agreement with the Riverside County Fire Department. 2) Approve adoption of the County Fire Budget in the Staff Report's Exhibit "A." 3) Approve the Cooperative Agreement to provide fire-related services between the County of Riverside and the City of Palm Desert, and authorize the Mayor to execute same (Contract No. C23910). 4) Approve the Joint Powers Agreement re-forming the Cove Communities Services Commission and authorize the Mayor to execute same (Contract No. C23920). Action: D. REQUEST FOR APPROVAL OF AGREEMENTS WITH THE COUNTY OF RIVERSIDE, RIVERSIDE COUNTY LIBRARY SYSTEM/LSSI, FOR LIBRARY SERVICES THROUGH JUNE 30, 2007. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 Rec: By Minute Motion: 1) Approve Contract No. C14167 - Additional Staff for the Event and Volunteer Coordinator positions and a part-time Computer Instructor/Lab Technician. 2) Approve Contract No. C18024 - Additional Hours/Bookmobile for the three additional hours of operation of the Palm Desert Wing of the Multi-Agency Library each Thursday and operation of Bookmobile Service for Palm Desert. 3) Authorize the Mayor to execute said contracts. 4) Authorize issuance of a City Purchase Order, favoring Library Systems & Services, Inc. (LSSI), Germantown, Maryland, in the amount of $55,000 for materials in FY 2005/06 -- all funding for the above has been set aside in the FY 2005/06 Budget in Account No. 452-4662- 454-4001; services in FY 2006/07 will be considered through the established process and subject to approval at the appropriate time. Action: E. REQUEST FOR AWARD OF CONTRACT FOR THE NORTH CARPORT PHOTOVOLTAIC SYSTEM (CONTRACT NO. C23290C). Rec: By Minute Motion: 1) Award the subject contract to REVCO Solar Engineering, Palm Desert, California, in the amount of $334,545, authorize a 10% contingency in the amount of $3,344.54, and appropriate funds from Fund 400 for this purpose; 2) authorize the Mayor to execute said contract documents. Action: F. REQUEST FOR AWARD OF CONTRACT FOR THE 2005 CITYWIDE RESURFACING PROGRAM (CONTRACT NO. C23820, PROJECT NO. 752-05). Rec: By Minute Motion, award the subject contract to Yeager Skanska, Inc., Riverside, California, in the amount of $942,615, authorize the Mayor to execute same, and authorize a 10% contingency for the project -- funds are available in Account No. 110-4311-433-3320. Action: G. REQUEST FOR APPROVAL OF ESTIMATES AND AWARD OF BID TO RENOVATE THE KITCHEN AT PALM DESERT FIRE STATION NO. 33 (CONTRACT NO. C23860A-C) POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 Rec: By Minute Motion: 1) Approve award of bid to Pacific Sales, Rancho Mirage, California, in the amount of $14,755.29 for new kitchen appliances for Fire Station No. 33. 2) Approve award of bid to Mastercraft Kitchens, Palm Springs, California, in the amount of $25,976 for new kitchen cabinetry for Fire Station No. 33. 3) Approve award of bid to Gurzi Construction, La Quinta/Palm Desert, California, in the amount of $17,251 for general construction services for Fire Station No. 33. 4) Appropriate $57,982.29 from Account No. 231-4220-422-4001 for this project. Action: H. REQUEST FOR AWARD OF CONTRACT TO PROVIDE BENCHMARK LEVELING AND A PRECISE CITYWIDE GPS SURVEY (CONTRACT NO. C23930). Rec: By Minute Motion, award the subject contract to Psomas, Riverside, California, in the amount of $59, 830 and authorize the Mayor to execute same, and authorize a 10% contingency for the services -- funds are available in Account No. 110-4300-413-3010. Action: I. REQUEST FOR EXTENSION OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES -- CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 5 (CONTRACT NO. C20992, PROJECT NO. 905-XX). Rec: By Minute Motion, approve extension of the subject contract with Steven Burt & Associates, Bermuda Dunes, California, in the amount of $184,919.48 for FY 2005/06 -- funds are available in Park Maintenance and Office Complex Maintenance Accounts. Action: J. REQUEST FOR EXTENSION OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES -- CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 4 (CONTRACT NO. C22861, PROJECT NO. 904-XX). Rec: By Minute Motion, approve extension of the subject contract with Steven Burt & Associates, Bermuda Dunes, California, in the POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 amount of $152,952.30 for FY 2005/06 -- funds are available in Park Maintenance Account No. 110-4611-453-3370. Action: K. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT FOR ADVERTISING SERVICES FOR EL PASEO BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C21052). Rec: By Minute Motion, approve Amendment No. 2 to the subject contract between the City of Palm Desert and Creative i Group, Inc., Palm Desert, California, extending the contract from July 1, 2005, through June 30, 2006, in an amount not to exceed $220,000. Action: L. CONSIDERATION OF A REQUEST FOR SPONSORSHIP OF THE SAMSUNG WORLD CHAMPIONSHIP LPGA GOLF TOURNAMENT AT BIGHORN GOLF CLUB, OCTOBER 10 - 16, 2005. Rec: By Minute Motion, concur with the Marketing Committee's recommendation to sponsor BIGHORN Golf Club's Samsung World Championship LPGA Golf Tournament in the amount of $137,500. Action: M. CONSIDERATION OF A REQUEST FOR SPONSORSHIP OF THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL, JANUARY 5 - 16, 2005. Rec: By Minute Motion, concur with the Marketing Committee's recommendation to deny the $50,000 sponsorship request from the Palm Springs International Film Festival. Action: XI. CONTINUED BUSINESS A. ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 8 OF THE PALM DESERT MUNICIPAL CODE, ADDING CHAPTER 8.19 RELATIVE TO MANDATORY AUTOMATED COLLECTION OF SOLID WASTE, RECYCLING, AND GREENWASTE FOR ALL RESIDENTIAL UNITS WITHIN THE CITY OF PALM DESERT (Continued from the meetings of April 14, and May 12, 2005). Rec: Waive further reading and pass to second reading. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 B. REQUEST FOR AUTHORIZATION TO TRANSFER FUNDS FROM MONUMENTATION DEPOSIT FUND AND AWARD A CONTRACT FOR MONUMENTATION AND DOCUMENTATION SERVICES (Continued from the meeting of April 28, 2005). Rec: By Minute Motion, continue the matter to a date uncertain. Action: C. 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 meetings of May 26, and June 9, 2005). Rec: By Minute Motion: 1) Reject all bids from the May 3, 2005, Bid Opening for Landscape Maintenance Area No. 1; 2) authorize the City Clerk to re-advertise and call for bids for Landscape Maintenance Services -- Consolidated Landscape Maintenance Area No. 1. Action: D. 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 meetings of May 26, and June 9, 2005). Rec: By Minute Motion: 1) Reject all bids from the May 3, 2005, Bid Opening for Landscape Maintenance Area No. 2; 2) authorize the City Clerk to re-advertise and call for bids for Landscape Maintenance Services -- Consolidated Landscape Maintenance Area No. 2. Action: E. 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 meetings of May 26, and June 9, 2005). Rec: By Minute Motion: 1) Reject all bids from the May 3, 2005, Bid Opening for Landscape Maintenance Area No. 6; 2) authorize the City Clerk to re-advertise and call for bids for Landscape Maintenance Services -- Consolidated Landscape Maintenance Area No. 6. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 F. REQUEST FOR EXTENSION OF CONTRACT WITH INTERIM DIRECTOR OF HUMAN RESOURCES (CONTRACT NO. C23020)(Continued from the meeting of June 9, 2005). 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. Action: G. REQUEST FOR AUTHORIZATION TO EXECUTE AN AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR CONSTRUCTION OF LANDSCAPED MEDIANS ON PORTOLA AVENUE ALONG THE FRONTAGE OF WASHINGTON CHARTER SCHOOL (CONTRACT NO. C23870) (Continued from the meeting of June 9, 2005). Rec: To be provided. Action: XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT AMENDMENT NO. 1 TO CONTRACT NO. C22800 -- CONSTRUCTION MANAGEMENT OF THE CIVIC CENTER PARK IRRIGATION PUMP STATION (PROJECT NO. 720-01). Rec: By Minute Motion, approve Contract Amendment No. 1 in the amount of $36,000 to the subject contract with Harris & Associates, Palm Desert, California, and authorize the Mayor to execute same - - funds are available in Account No. 400-4674-454-4001. Action: B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C23090 -- CONSTRUCTION OF THE CIVIC CENTER PARK PUMP STATION (PROJECT NO. 720-01). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $71,509.49 to the subject contract with Cora Constructors, Palm Desert, California, and authorize the Mayor to execute same; 2) authorize the transfer of said funds from contingency to base for the subject project. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 C. REPORT ON THE FINDINGS OF A SOUND STUDY CONDUCTED ALONG TAMARISK ROW DRIVE ADJACENT TO THE UNION PACIFIC RAILROAD. Rec: By Minute Motion: 1) Authorize staff to contact the Federal Railroad Administration and seek a "Quiet Zone" designation for this area, thus limiting the use of locomotive horns; 2) authorize staff to forward the study by Medlin & Associates to the Union Pacific Railroad and seek consideration and assistance to mitigate noise levels in this area through installation of a berm and wall. Action: D. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS FOR CONSTRUCTION OF THE CORPORATION YARD EXPANSION (CONTRACT NO. C19250A, PROJECT NO. 715-00). Rec: By Minute Motion: 1) Reject all bids received for the subject project; 2) direct staff to review existing facilities for short-term needs. Action: E. REQUEST FOR REVIEW OF THE SCOPE OF WORK AND COST ESTIMATES FOR THE CIVIC CENTER PARK AMPHITHEATER REMODEL. Rec: Discussion to take place at the meeting. Action: F. REPORT ON DINAH SHORE DRIVE. Rec: To be provided. Action: XIII. PUBLIC HEARINGS A. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 2005/06 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Rec: 1) Conduct the Joint Public Hearing on the proposed City, Agency, and Housing Authority Budgets. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 2) Waive further reading and adopt City Council Resolution No. 05- 47, adopting a City Program and Financial Plan for the Fiscal Year July 1, 2005, through June 30, 2006. 3) Waive further reading and adopt City Council Resolution No. 05- 48, establishing the Appropriations Limit for Fiscal Year 2005/06. 4) Waive further reading and adopt Redevelopment Agency Resolution No. 503, adopting a Redevelopment Agency Program and Financial Plan for the Fiscal Year July 1, 2005, through June 30, 2006. 5) Waive further reading and adopt Housing Authority Resolution No. HA-27, adopting a Housing Authority Program and Financial Plan for the Fiscal Year July 1, 2005, through June 30, 2006. 6) By Minute Motion, approve revised attorney services' hourly rate for Best, Best & Krieger and for Richards, Watson & Gershon, as proposed by the two firms. 7) Waive further reading and adopt City Council Resolution No. 05- 49, setting the Salary Schedule, Salary Ranges, and Allocated Classifications for FY 2005/06. 8) By Minute Motion, approve Out-of-State Travel as listed on the accompanying memo. Action: B. 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, May 12, and May 26, 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: C. CONSIDERATION OF AN APPEAL REGARDING PLANNING COMMISSION APPROVAL OF AN EXPANSION OF THE SACRED HEART ELEMENTARY SCHOOL AND CONSTRUCTION OF NEW PARKING LOTS AT 43-775 DEEP CANYON ROAD Case No. CUP 04-13 (Roman Catholic Bishop of San Bernardino, Applicant) (Thomas W. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 McCutchen, Appellant) (Continued from the meetings of March 24, and April 28, 2005). Rec: Waive further reading and adopt Resolution No. 05-53, denying the appeal and affirming the Planning Commission's approval of Case No. CUP 04-13. Action: D. 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 meetings of May 12, and June 9, 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: E. REQUEST FOR APPROVAL OF A CHANGE OF ZONE, PRECISE PLAN OF DESIGN, TENTATIVE TRACT MAP, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO FACILITATE DEVELOPMENT OF A MIXED USE RESIDENTIAL (33 SINGLE-FAMILY LOTS) AND NEIGHBORHOOD COMMERCIAL CENTER (30,550 SQUARE FEET) ON 8.63 ACRES AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE, 73-100 COUNTRY CLUB DRIVE Case Nos. C/Z 04-06, PP 04-32, and TT 33120 (Robert Mayer Corp. c/o Larry Brose, Applicant). Rec: Waive further reading and: 1) Pass Ordinance No. 1096 to second reading, approving Case No. C/Z 04-06. 2) Adopt Resolution No. 05-54, approving Case Nos. PP 04-32 and TT 33120, subject to conditions. Action: F. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT A 31,679 SQUARE FOOT INDUSTRIAL BUILDING, INCLUDING A 2,500 SQUARE FOOT MEZZANNINE, A HEIGHT EXCEPTION TO ALLOW A BUILDING HEIGHT UP TO 34'6", AND ALLOW THE OUTDOOR STORAGE OF BUILDING MATERIALS ON A 3.43-ACRE SITE LOCATED AT 73-600 DINAH SHORE DRIVE, EAST OF LEILANI WAY POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 Case No. PP 05-02 (CMC White Cap and Ware Malcomb, Thomas Sun, Applicants). Rec: Waive further reading and adopt Resolution No. 05-55, approving Case No. PP 05-02, including building height exception, subject to conditions. Action: G. REQUEST FOR APPROVAL OF THE PALM DESERT CONSOLIDATED LANDSCAPE & LIGHTING DISTRICT FOR FISCAL YEAR 2005/06. Rec: Waive further reading and adopt: 1) Resolution No. 05-56, amending or approving the Final Engineer's Report for the Palm Desert Consolidated Landscape & Lighting District FY 2005/06. 2) Resolution No. 05-57, ordering the levy and collection of assessments within the Palm Desert Consolidated Landscape and Lighting District Fy 2005/06. Action: XIV. 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: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 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 27, 2005 10:00 a.m. Historic Preservation Committee Administrative Conference Room June 28, 2005 12:00 p.m. Architectural Review Commission Community Services Conf. Room July 5, 2005 6:00 p.m. Planning Commission Civic Center Council Chamber July 6, 2005 8:30 a.m. Parks & Recreation Commission Community Services Conf. Room July 9, 2005 12:00 p.m. Youth Committee (Adj. from July 5) Administrative Conference Room July 12, 2005 12:00 p.m. Architectural Review Commission Community Services Conf. Room July 13, 2005 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room July 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 17th day of June, 2005. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 23, 2005 Rachelle D. Klassen, City Clerk