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HomeMy WebLinkAbout2006-08-24 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 24, 2006 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 - 73-710 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 2) 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: Germania Corporation Under Negotiation: x Price x Terms of Payment 3) Property: Lease Property - Parkview Professional Office Complex - 73-710 Fred Waring Drive, Suite No. 220, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Environmental Products and Applications, Inc. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 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 A. APPOINTMENT TO THE PALM DESERT YOUTH COMMITTEE. Rec: By Minute Motion, appoint Alec Ferguson to the Palm Desert Youth Committee to fill an existing vacancy (term 12/31/06). 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 Meetings of July 13, 2006, July 27, 2006, and August 10, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 269, 270, 274, 1, 3, 4, 8, 11, 14, 16, 20, 22, 24, 28, and 31. Rec: Approve as presented. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by New Albertsons, Inc., for Albertsons, 74-590 Highway 111, Palm Desert. Rec: Received and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by New Albertsons, Inc., for Albertsons, 42-095 Washington Street, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Macernie, Inc., for McCormick's, 74-360 Highway 111, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Ravi & Harry Restaurant, Inc., for Delhi Palace Cuisine of India, 73-675 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by New York Pizza Delivery, LLC, for NYPD & New York Pizza Delivery, 40-205 Washington Street, Suite 4, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Target Corporation for Target T0940, 72-549 Highway 111, Palm Desert. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By David Anthony Avalos and Ramon Vega Jr. for Guillermo's Napas Tapas, 73-900 El Paseo, #2, Palm Desert. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 J. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Filiberto Moreno and Maria Soledad Moreno for Bomba's Bar & Grill, 72-221 Highway 111, Suite A9-13, Palm Desert. Rec: Receive and file. K. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meetings of May 22, and June 5, 2006. L. 2. Parks & Recreation Commission Meeting of June 7, 2006. M. 3. Sister Cities Committee Meeting of June 15, 2006. N. 4. Youth Committee Meeting of May 30, 2006. Rec: Receive and file. L. RESOLUTION NO. 06-116 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged (April 2006.) Rec: Waive further reading and adopt. M. REQUEST FOR APPROVAL of the Imaging of Finance Department Accounts Payable, Cash Receipts, Bank Reconciliations, Business License Files, Ledgers, and Journals. Rec: By Minute Motion: 1) Approve CD imaging of the subject Finance Department records; 2) authorize California CD Imaging, Rancho Cucamonga, California, to perform said services, per the proposal dated August 8, 2006. N. REQUEST FOR AUTHORIZATION to Renew a Lease for an Electronic Securities Trading Terminal. Rec: By Minute Motion, authorize the City Treasurer to renew the subject lease with Bloomberg Services. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 O. REQUEST FOR APPROVAL of Agencies to Provide Temporary Staffing Services for Fiscal year 2006/07. Rec: By Minute Motion, identify and pre-approve the accompanying staff report's list of agencies to provide temporary staffing services to the City of Palm Desert on an as-needed basis for FY 2006/07. P. REQUEST FOR RATIFICATION of the City Manager's Authorizataion for Acoustical Enginering Services and Modifications to the City's Noise Ordinance (Contract No. C25640). Rec: By Minute Motion, ratify the City Manager's authorization to contract with Gordon Bricken & Associates, Santa Ana, California, to provide the subject services in the amount of $8,100. Q. REQUEST FOR RATIFICATION of the City Manager's Authorization for Acoustical Engineering Services at 73-995 El Paseo (Contract No. C25650). Rec: By Minute Motion, ratify the City Manager's authorization to contract with Gordon Bricken & Associates, Santa Ana, California, in the amount of $4,400 to provide acoustical engineering services to address noise concerns at Augusta Restaurant, 73-995 El Paseo. R. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C22870 - Design Engineering for the Portola Avenue Bridge Over the Whitewater Channel. Rec: By Minute Motion, approve: 1) Amendment No. 2 to the subject contract with Moffatt & Nichols Engineers, Irvine, California, in the amount of $48,500 for additional construction design support services to complete the subject project; 2) transfer of $5,595.70 from contingency to base for the project and appropriation of $42,904.30 from Unobligated Fund 400. S. REQUEST FOR APPROVAL of Street Sweeping Services for State Highways in the City of Palm Desert for Fiscal year 2006/07. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Rec: By Minute Motion, accept street sweeping services by CleanStreet, Gardena, California, for the State Highways in the City of Palm Desert at the reimbursement rate of $21.75 per curb mile for FY 2006/07. T. REQUEST FOR APPROVAL of Professional Services Agreement for Disaster Response Planning (Contract No. C25660). Rec: By Minute Motion, approve the subject agreement with The Bauer Agency, Palm Desert, California, in an amount not to exceed $18,000 to provide detailed Disaster Response Planning services to the City as specified in the Scope of Work section of the accompanying agreement (Attachment A) - funds are available in Account No. 110-4260-422-3090. U. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between Desert Sands Unified School District, the Coachella Valley Recreation & Park District, and the City of Palm Desert as it Relates to Participation in an After School Program (Contract No. C25670). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU. V. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between Desert Sands Unified School District, The YMCA of the Desert, and the City of Palm Desert as it Relates to an After School Program (Contract No. C25680). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU. W. REQUEST FOR AWARD OF CONTRACT for Janitorial Services at the Palm Desert Civic Center (Contract No. C24800A). Rec: By Minute Motion: 1) Reject the non-responsive bids from Grace Maintenance Company, Advanced Building Maintenance Company, ABM Janitorial Services, and Bell Maintenance Company; 2) award the subject contract to General Cleaning Services, Palm Desert, California, in the amount of $2,745/mounth - funds are available in Account No. 110-4340-413-3090. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 X. REQUEST FOR AWARD OF CONTRACT for Reverse Osmosis Drinking Water Purification Systems at the Civic Center, Corporation Yard, and Visitor Center (Contract No. C25480). Rec: By Minute Motion, award the subject contract for six (6) reverse osmosis drinking water systems for the Civic Center, Corporation Yard, and Visitor Center to Pure Water Technology, Redlands, California, in the amount of $3,801.36 annually - funds are available in the Building Operation/Maintenance Account No. 110-4340-413- 3310. Y. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24350- Citywide Curb, Gutter, and Sidewalk Program (Project No. 753-06) (Contreras 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. Z. REQUEST FOR APPROVAL of the Art In Public Places Fee Reimbusement for the Desert Gateway Art Component (Rothbart Development Corporation, Applicant). Rec: By Minute Motion, authorize the reimbursement of the Art In Public Places fee in the amount of $10,043 for the Gateway Project located at 34-220 and 34-500 Monterey Avenue - funds are available in Account No. 436-0000-312-2700 AA. CONSIDERATION of a Request to Stage the Desert Cities Track Club's Eighth Annual "Turkey Trot" on El Paseo. Rec: By Minute Motion, authorize the Desert Cities Track Club to stage their Eighth Annual "Turkey Trot" on Thursday, November 23, 2006 (Thanksgiving Day), from 7:30 a.m. to 9:30 a.m. BB. CONSIDERATION of a Request to Close El Paseo on Saturday, February 10, 2007, for the Palm Desert Senior Games. 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Rec: By Minute Motion, authorize the Coachella Valley Recreation & Park District to close El Paseo on Saturday, February 10, 2007, from 6:30 a.m. to 9:30 a.m. for the subject event. CC. INFORMATIONAL ITEMS: 1. Fire Prevention Review Follow-up DD. 2. Risk Management Report EE. 3. Report on Riverside County Tentative Tract Map No. 34305, Stone Haven at Cahuilla Hills. Rec: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 06-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 04-84 AS IT RELATES TO THE BUILDING AND SAFETY FEE SCHEDULE FOR PHOTOVOLTAIC SOLAR SYSTEMS, AIR CONDITIONING, AND HEATING PERMITS, AND PLAN CHECK FEES. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 06-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2006/07. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 06-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OF PALM DESERT FIRE TAX PURSUANT TO CITY ORDINANCE NO. 223, FISCAL YEAR 2006/07. 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: A. ORDINANCE NO. 1126A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING SECTION 9.24.030 OF THE PALM DESERT MUNICIPAL CODE - NOISE CONTROL. Rec: Waive further reading and pass to second reading. Action: B. ORDINANCE NO. 1127 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.28.020 OF THE CODE OF THE CITY OF PALM DESERT - TRANSIENT OCCUPANCY TAX. Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1122 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-5 TO PC-3 AND FROM PR-5 TO PR-17 FOR A 19.6- ACRE SITE NORTH OF FRANK SINATRA DRIVE BETWEEN COOK STREET AND COLLEGE DRIVE, 37-755 COOK STREET Case No. C/Z 06-02 (Sinatra and Cook Project, LLC, Applicant). Rec: Waive further reading and adopt. Action: B. ORDINANCE NO. 1123 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO CITY COUNCIL COMPENSATION AND REIMBURSEMENT. Rec: Waive further reading and adopt. 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Action: X. NEW BUSINESS A. REQUEST FOR APPROVAL OF AMENDING THE FISCAL YEAR 2005/06 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 06-115, amending the Fiscal Year 2005/06 City Budget as a result of Year-end Adjustments; 2) Redevelopment Agency Resolution No. 532, amending the Fiscal Year 2005/06 Redevelopment Agency Budget as a result of Year-end Adjustments. Action: B. REQUEST FOR APPROPRIATION FROM THE CITY'S AND AGENCY'S UNOBLIGATED FUNDS FOR THE PROPOSED REMODEL OF THE REDEVELOPMENT LOBBY AND THE CONFERENCE ROOMS LOCATED IN THE PUBLIC WORKS AND PLANNING DEPARTMENTS, THE CITY COUNCIL OFFICE AREA, AND THE NORTH WING (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion, authorize appropriation of the following for the subject projects: 1) $78,616.50 from the City's Unobligated Funds to Account No. 110-4159-415-4040; 2) $39,308.25 from the Agency's Unobligated Funds to Account No. 850-4195-466-4040; 3) $39,308.25 from the Agency's Unobligated Housing Set-aside Funds to Account No. 870-4195-466-4040. Action: C. REQUEST FOR APPROVAL OF THE PURCHASE OF AND APPROPRIATION OF MONIES FOR MODULAR FURNITURE SYSTEM FOR THE OPEN OFFICE AREAS IN THE CITY HALL NORTH WING (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Approve the purchase of a modular furniture system for the open office area in the North Wing of City Hall by authorizing a purchase order in the amount of $61,372 to Total Plan Business Interiors, Inc., Riverside, California; 2) authorize the appropriation of $18,411.60 from the City's Unobligated Funds to Account No. 110-4159-415-4040; 3) authorize the appropriation of 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 $21,480.20 from the Agency's Unobligated Funds to Account No. 850-4195-466-4040; 4) authorize the appropriation of $21,480.20 from the Agency's Unobligated Housing Set-aside Funds to Account No. 870-4195-466-4040; 5) authorize the Director of Finance to set aside an additional amount of $6,137.20 as 10% contingency ($1,841.16 from Account No. 110-4159-415-4040, $2,148.02 from Account No. 850-4195-466-4040, and $2,148.02 from Account No. 870-4195-466-4040 (use of contingency requires additional action). Action: D. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM FUNDS FOR CROSSROADS AT EL PASEO, 73-010 EL PASEO (10 El Paseo, LLC, Applicant). Rec: By Minute Motion, approve $80,000 in Facade Enhancement Program consideration funds to 10 El Paseo, LLC, for the Crossroads at El Paseo located at 73-010 El Paseo -- funds are available in Account No. 400-4800-454-3875. Action: E. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM FUNDS FOR THE PROPERTY LOCATED AT 73-730 EL PASEO (Steven J. Gordon and Julie Bornstein, John and Grace Nichols, and Megan Nichols, Applicants). Rec: By Minute Motion, approve $60,000 in Facade Enhancement Program consideration funds to Steven J. Gordon and Julie Bornstein, John and Grace Nichols, and Megan Nichols for 73-730 El Paseo -- funds are available in Account No. 400-4800-454-3875. Action: F. CONSIDERATION OF A REQUEST FOR SPONSORSHIP FUNDING FOR FASHION WEEK EL PASEO -- MARCH 18-26, 2007. Rec: By Minute Motion: 1) Concur with the recommendation of the Marketing Committee to sponsor the 2007 Fashion Week El Paseo in the amount of $100,000 plus in-kind services not to exceed $10,000; 2) appropriate $50,000 from the Unobligated General Fund for this purpose -- balance of funding available in Account No. 110-4416-414-3061. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 G. REQUEST FOR APPROVAL OF DESIGN PROPOSAL FOR THE ART IN PUBLIC PLACES COMPONENT FOR VILLAGE AT UNIVERSITY PARK PROJECT, 36-891 COOK STREET (The Evans Company, Applicant). Rec: By Minute Motion: 1) Approve the design proposal "Ground Swell" by Phillip K. Smith, III, for the Village at University Park Project; 2) appropriate $70,000 from Account No. 436-0000-312-2700 for future reimbursement as part of the Art In Public Places Component Fee. Action: H. REQUEST FOR APPROVAL OF THE COMMISSIONING OF A RECYCLED ART PROJECT USING RECYCLED MATERIALS (CONTRACT NO. C25690). Rec: By Minute Motion, approve the commissioning of John Branstetter in the amount of $15,000 to create a recycled art project using recycled materials -- funds are available in Account Nos. 436-4650- 454-4001 and 236-4195-454-3090. Action: I. REQUEST FOR AUTHORIZATION TO REJECT NON-RESPONSIVE BID AND APPROVE ANNUAL PURCHASE OF GRASS SEED. Rec: By Minute Motion: 1) Reject the bid received from Imperial Sprinkler Company, Anaheim, California, as non-responsive; 2) authorize the purchase of 316,800 pounds of grass seed from Simplot Partners, Palm Desert, California, in the amount of $290,087.25 (includes sales tax, shipping, and handling) -- funds are available in Account Nos. 110-4610-453-2190, 110-4614-453- 3370, and 110-4611-453-3371 for the City's portion; Desert Willow to fund the balance. Action: J. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR BUILDING INSPECTION SERVICES FISCAL YEAR 2006/07. Rec: By Minute Motion: 1) Award the subject contracts for the period of October 2, 2006, to June 30, 2007, to: a) California Code Check, Newbury Park, California (Contract No. C25700A); b) Charles Abbott Associates, Inc., Mission Viejo, California (Contract No. C25700B); c) WILLDAN, San Bernardino, California (Contract No. 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 C25700C); 2) appropriate $100,000 to Account No. 110-4420-422- 3010 for the services. Action: K. REQUEST FOR APPROVAL OF TWO-YEAR EXTENSION OF THE PROPERTY MANAGEMENT AGREEMENT FOR THE PARKVIEW OFFICE COMPLEX (CONTRACT NO. C15105). Rec: By Minute Motion, approve a two-year extension to the subject property management agreement with Mason & Mason, Inc., Montrose, California, in the amount of $66,000 annually. Action: L. CONSIDERATION OF THE APPROVAL OF DESERT SANDS UNIFIED SCHOOL DISTRICT'S RENOVATION PLAN FOR THE RUTLEDGE STRIP AREA AT PALM DESERT MIDDLE SCHOOL AND A JOINT USE AGREEMENT Case No. TUP 06-35 (Desert Sands Unified School District, Applicant). Rec: By Minute Motion: 1) Approve a Temporary Use Permit (TUP) for the Rutledge Strip area of Palm Desert Middle School for Desert Sands Unified School District (DSUSD); 2) approve DSUSD's plans for renovation of the Rutledge Strip; 3) approve the Joint Use Agreement between DSUSD and the City of Palm Desert for use of the Palm Desert Middle School Park, Oleson Field, and the Rutledge Strip (Contract No. C25710). Action: M. CONSIDERATION OF REQUEST FOR FUNDING OF A COOPERATIVE PROMOTIONAL OPPORTUNITY WITH THE DESERT SPRINGS J. W. MARRIOTT RESORT & SPA. Rec: By Minute Motion: 1) Contribute to the Desert Springs J. W. Marriott Resort & Spa's Renovation Promotion Campaign in the amount of $50,000; 2) appropriate said funds from the Unobligated General Fund. Action: XI. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 22, 2006 (Continued from the meeting of July 13, 2006). 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Rec: By Minute Motion, approve as presented. Action: B. ORDINANCE NO. 1124 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING LOCAL ENERGY EFFICIENCY STANDARDS FOR BUILDINGS COVERED BY THE 2005 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS (Continued from the meeting of July 13, 2006). Rec: Waive further reading and pass to second reading. Action: XII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR INSTALLATION OF UNDERGROUND SUBSTRUCTURES, CONDUIT, AND SERVICE WORK REQUIRED FOR UTILITY UNDERGROUNDING FOR THE PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01 (CONTRACT NO. C24460). Rec: By Minute Motion, authorize: 1) Award of the subject contract to Herman Weissker, Inc., Bloomington, California, in the amount of $4,711,744.43 and the Mayor to execute same; 2) the Director of Finance to appropriate $4,711.744.43 for the subject contract and authorize the appropriation of a 5% contingency for the project in the amount of $235,587. Action: B. REQUEST FOR APPROVAL OF SOUTHERN CALIFORNIA EDISON WORK ORDER FOR PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01 (CONTRACT NO. C24460A). Rec: By Minute Motion: 1) Approve Southern California Edison Work Order #REL05125196, J.O. #3629, for the undergrounding work in the amount of $815,853.45; 2) authorize the Director of Finance to appropriate $815,853.45 from Unobligated Assessment District No. 04-01 Bond funds. Action: C. REQUEST FOR APPROVAL OF VERIZON WORK ORDER FOR PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01 (CONTRACT NO. C24460B). 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 Rec: By Minute Motion, authorize: 1) Approval of Verizon Work Order No. 7P001-ED in the amount of $364,974.84 for the phone system wiring and equipment required for the subject project; 2) the Director of Finance to appropriate $364,974.84 from Unobligated Assessment District No. 04-01 Bond funds. Action: D. REQUEST FOR APPROVAL OF REIMBURSEMENT TO DEVELOPER FOR IMPROVEMENTS BUILT ON BEHALF OF THE CITY OF PALM DESERT ON PARCEL MAP NO. 30502 (WAL-MART) (Rothbart Development, Applicant). Rec: By Minute Motion, approve the subject reimbursement in the amount of $100,000 to Rothbart Development, Los Angeles, California. Action: XIII. PUBLIC HEARINGS A. CONSIDERATION OF THE ABANDONMENT OF EXCESS PUBLIC UTILITY EASEMENT AT 73-591 FRED WARING DRIVE UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE CALIFORNIA STREETS & HIGHWAYS CODE (Suresh C. Shah, Applicant). Rec: By Minute Motion, continue the public hearing to September 14, 2006. Action: B. CONSIDERATION OF THE VACATION OF A PEDESTRIAN WAY KNOWN AS LOT "U," LOCATED BETWEEN HIGHWAY 74 FRONTAGE ROAD AND OCOTILLO DRIVE UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE CALIFORNIA STREETS & HIGHWAYS CODE (Mathew Moiseve, Voyager Construction, Applicant). Rec: By Minute Motion, continue the public hearing to September 14, 2006. Action: C. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT AN 86,000 SQUARE-FOOT, TWO-STORY MEDICAL AND GENERAL OFFICE BUILDING, WITH TWO-LEVEL PARKING STRUCTURE, AND A HEIGHT EXCEPTION TO ALLOW ARCHITECTURAL PROJECTIONS UP TO 38-FT. 10-IN. HIGH ON A 4.53-ACRE SITE LOCATED AT 73-650 15 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 DINAH SHORE DRIVE Case No. PP 05-26 (Promontory Development LLC and Holt Architects, Applicants). Rec: Waive further reading and adopt Resolution No. 06-120, approving Case No. PP 05-26, including building height exception, subject to conditions. Action: D. REQUEST FOR APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMIT TO CONSTRUCT A 100,500 SQUARE-FOOT MIXED-USE RETAIL/OFFICE CENTER WITH A TWO-STORY PARKING STRUCTURE; AN EXCEPTION TO REDUCE THE FRONT AND REAR YARD SETBACKS FROM 32 FEET AND 30 FEET TO 10 FEET; A HEIGHT EXCEPTION TO ALLOW BUILDING HEIGHTS UP TO 34 FEET; AN EXCEPTION TO ALLOW A SECOND SINGLE-FACED, FREESTANDING SIGN ON A STREET FRONTAGE LESS THAN 1,600 FEET; AND APPROVAL OF A TENTATIVE PARCEL MAP TO SUBDIVIDE 6.10 ACRES INTO 13 PARCELS - 75-300 GERALD FORD DRIVE CASE Nos. PP/ CUP 06-03 & TPM 34437 (Smith Consulting Architects and Gerald Ford Business Park, LLC, Applicants). Rec: Waive further reading and adopt Resolution No. 06-121, approving Case Nos. PP/CUP 06-03 and TPM 34437, including exceptions for building setbacks and height, and two freestanding single-faced signs. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department 16 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2006 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XV. ORAL COMMUNICATIONS - B XVI. ADJOURNMENT FUTURE MEETINGS: August 28, 2006 10:00 a.m. Historic Preservation Committee Administrative Conference Room September 5, 2006 6:00 p.m. Planning Commission Civic Center Council Chamber September 6, 2006 8:30 a.m. Parks & Recreation Commission Administrative Conference Room September 12, 2006 12:00 p.m. Architectural Review Commission Community Services Conference Room 6:00 p.m. Youth Committee (Adj. from Sept. 5) Administrative Conference Room September 13, 2006 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room September 14, 2006 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 18th day of August, 2006. Rachelle D. Klassen, City Clerk 17