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HomeMy WebLinkAboutAGENDA 21 MAY 2009 POSTED AGENDA -ADJOURNED REGULAR- PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 21, 2009 CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 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) Properties: 73-545 El Paseo (Gardens On El Paseo, APN 627-261-006) 73-425 El Paseo (El Paseo Village, APNs 627-252-004,-005) Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: Davis Street Land Company Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 Action: VI. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly VII. INVOCATION - Mayor Pro Tem Cindy Finerty VIII. ORAL COMMUNICATIONS – B 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 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. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the City clerk and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m. - 5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, (760)346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF THE 2009 STUDENT ART & ESSAY CONTEST PAULA KROONEN AWARD TO JORDAN WAY. Action: B. PRESENTATION TO RECOGNIZE J. LEO SULLIVAN FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS HOUSING COMMISSION. Action: X. CONSENT CALENDAR 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 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 Special City Council Meeting of May 7, 2009, and the Regular City Council Meeting of May 14, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 220, 225, 232, 241, 246, 247, 250, 251, 252, and 253. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art in Public Places Commission Meeting of March 18, 2009. 2. Parks & Recreation Commission Meeting of April 7, 2009. 3. Youth Committee Meeting of April 6, 2009. Rec: Receive and file. D. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety That Have Been Digitally Imaged (January 2009, February 2009, and March 2009). Rec: Waive further reading and adopt Resolution Nos.: 09-30 - January 2009 Records; 2) 09-31 - February 2009 Records; 3) 09-32 - March 2009 Records. E. REQUEST FOR AUTHORIZATION for the Mayor to Execute a Grant Deed to Reconvey Title to Land for a Portion of the Well Site Located at Fred Waring Drive/San Pascual Avenue Back to Coachella Valley Water District (CVWD). Rec: By Minute Motion, authorize the Mayor to execute a Grant Deed to reconvey title to the land encompassed by a portion of the well site located at Fred Waring Drive and San Pascual Avenue back to CVWD. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 F. REQUEST FOR AUTHORIZATION to Submit a Letter of Commitment to Participate Under the U.S. Department of Energy Clean Cities FY09 Petroleum Reduction Technologies Projects for the Transportation Sector. Rec: By Minute Motion, authorize the City Manager to submit the subject Letter of Commitment. G. REQUEST FOR AUTHORIZATION to Proceed with Bidding Process for the Eldorado Drive Median Landscape Renovation Project Between Country Club Drive and Hovley Lane East (Contract No. C28910, Project No. 942-08). Rec: By Minute Motion, authorize staff to proceed with the bidding process for the El Dorado Drive Median Landscape Renovation Project between Country Club Drive and Hovely Lane East. H. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas (CNG) Fuel from Specific Vendors in an Amount Not to Exceed $40,000 for Fiscal Year 2009-2010. Rec: By Minute Motion, approve the purchase of CNG fuel for FY 2009- 2010 in an amount not to exceed $40,000 from Clean Energy, Seal Beach, California, as the primary source, and from SunLine Services Group, Thousand Palms, California, as an alternative source - funds are available in General Fund Account No,. 110- 4331-413-2170. I. REQUEST FOR AWARD OF CONTRACT to UniFirst Corporation for Industrial Uniforms Rental and Laundry Service, and Related Supplies (Contract No. C28780). Rec: By Minute Motion: 1) Award the subject contract to UniFirst Corporation, Ontario, California, in the amount of $192.31/week for the rental of and laundry service for uniforms and other supplies; 2) authorize the Mayor to execute said contract - funds are available for this purpose in General Fund Account No. 110-4310-433-2140 for FY 2009-2010. J. REQUEST FOR ACCEPTANCE OF WORK for the Monterey Avenue Median Landscape Between Country Club Drive and Hovley Lane West (Contract No. C25430B, Project No. 961-02) (Rock Bottom, Inc., Bakersfield, 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. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 K. REQUEST FOR ACCEPTANCE OF WORK for the Retention Basin Fencing Project (Contract No. C28050, Project No. 627F-08) (J M Justus Fence Company, Temecula, 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. L. REQUEST FOR AUTHORIZATION to Streamline the Use of Original Equipment Manufacturer (OEM) Services by Approving OEM Maintenance Services Vendor List and Grant Exception to Bidding Requirements Per Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Year 2009- 2010. Rec: By Minute Motion: 1) Approve and authorize staff to use vendors on the Original Equipment Manufacturer (OEM) Maintenance Services Vendor List identified in the accompanying staff report; 2) grant exception to Bidding Requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for FY 2009-2010. M. REQUEST FOR AUTHORIZATION to Streamline the Use of Vendors for Landscape and Irrigation Services and Supplies by Granting Exception to Bidding Requirements and approving the Vendors and Qualified Service Providers List for Fiscal Year 2009-2010. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for FY 2009-2010; 2) approve the list of Landscape and Irrigation Vendors and Qualified Service Providers identified in the accompanying staff report. N. REQUEST FOR AUTHORIZATION to Streamline the Use of Original Equipment Manufacturers (OEM) Traffic Vendor List and Grant Exception to Bidding Requirements as Provided for by Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Year 2009-2010. Rec: By Minute Motion: 1) Approve and authorize staff to use vendors on the Original Equipment Manufacturer (OEM) Traffic Vendor List identified in the accompanying staff report; 2) grant exception to Bidding Requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for FY 2009-2010. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 O. REQUEST FOR AUTHORIZATION to Streamline the Use of Various Vendors and Qualified Services by Approving the Maintenance Services Vendors and Qualified Services List and to Grant Exception to Bidding Requirements as Provided for by Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Year 2009-2010. Rec: By Minute Motion: 1) Approve and authorize staff to use vendors on the Maintenance Services Various Vendors and Qualified Services List as identified in the accompanying staff report; 2) grant exception to Bidding Requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for FY 2009-2010. P. REQUEST FOR AUTHORIZATION to Release Maintenance Bond for Precise Plan No 9. 05-14 (Palm Desert Associates, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Maintenance Bond for Precise Plan No. 05-14. Q. REQUEST FOR AUTHORIZATION to Release the Maintenance Bond for Parcel Map No. 34843 (Pacific Pointe Partners, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Maintenance Bond for Parcel Map No. 34843. R. REQUEST FOR APPROVAL of Performing Arts Contract in Conjunction with Palm Desert's 2009 Independence Day Celebration (Contract No. C28920). Rec: By Minute Motion, approve the subject contract with Steve Madaio in the amount of $7,500 to provide instrumental and vocal entertainment in conjunction with Palm Desert's 2009 Independence Day Celebration on July 4 and authorize the Mayor to sign the contract as presented - funds are available in Account No. 110-4416-414-3061. S. REQUEST FOR APPROVAL of Contract with Pyro-Spectaculars by Souza for Fireworks Display at Palm Desert's 2009 Independence Day Celebration (Contract No. C28930). Rec: By Minute Motion, approve the subject contract with Pyro- Spectaculars by Souza, Rialto, California, in the amount of $35,148 for professional staff and pyrotechnic supplies and services for the Annual Independence Day Celebration scheduled to be held on July 4, 2009, and authorize the Mayor to execute same -funds are available in Account No. 110-4416-414-3061. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 T. CONSIDERATION of Action Taken by the Legislative Review Committee - AB 561 (Carter) - Assault and Battery. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 561 (Carter). U. CONSIDERATION of Action Taken by the Legislative Review Committee - AB 566 (Nava) - Mobile Home Park Conversion. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 56 (Nava). V. CONSIDERATION of Action Taken by the Legislative Review Committee - AB 715 (Caballero) - Publishing and Posting Requirements of City Ordinances. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 715 (Caballero). W. CONSIDERATION of Action Taken by the Legislative Review Committee - AB 720 (Caballero) - Housing Elements. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 720 (Caballero). X. CONSIDERATION of Action Taken by the Legislative Review Committee - AB 766 (Krekorian) - Speed Limits. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 766 (Krekorian). 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 Y. CONSIDERATION of Action Taken by the Legislative Review Committee - AB 1042 (Carter) - Local Ordinances. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1042 (Carter). Z. CONSIDERATION of Action Taken by the Legislative Review Committee - AB 1084 (Adams) - Development Project Fees. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1084 (Adams). AA. CONSIDERATION of Action Taken by the Legislative Review Committee - AB 1192 (Strickland) - Powers of Cities. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1192 (Strickland). BB. CONSIDERATION of Action Taken by the Legislative Review Committee - SB (Benoit) - Personal Liability Immunity. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 39 (Benoit). CC. CONSIDERATION of Action Taken by the Legislative Review Committee - SB 476 (Correa) - Noncompliance Allegations. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 476 (Correa). 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 DD. CONSIDERATION of Action Taken by the Legislative Review Committee - SB 560 (Ashburn) - Regional Transportation Plans. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 560 (Ashburn). EE. CONSIDERATION of Action Taken by the Legislative Review Committee - SB 652 (Huff) - Direct Powers Agreements. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 652 (Huff). FF. CONSIDERATION of Action Taken by the Legislative Review Committee - SB 683 (R. Calderon) - Workers' Compensation. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 28, 2009, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 683 (R. Calderon). GG. INFORMATIONAL REPORT on Media Placements and Public Relations Activities as Provided by Nancy J. Friedman Public Relations. Rec: Receive and file. Action XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 09-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 01-17 AND UPDATING THE CITY OF PALM DESERT PARKS AND RECREATION COMMISSION BYLAWS. Rec: Waive further reading and adopt. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF ACTION RELATED TO AMENDING THE CITY OF PALM DESERT'S ENERGY INDEPENDENCE PROGRAM (EIP) ADMINISTRATIVE GUIDELINES AND SETTING A PUBLIC HEARING THEREON FOR THURSDAY, JUNE 25, 2009. Rec: Waive further reading and adopt Resolution No. 09-34, declaring the intent to amend the City of Palm Desert's Energy Independence Program (IEP) Report and Administrative Guidelines prepared pursuant to Section 5898.22 of the California Streets and Highways Code and setting a public hearing thereon. Action: B. REQUEST FOR AUTHORIZATION FOR STAFF TO SELECT WELLS FARGO BANK TO ASSIST THE CITY WITH PROCEEDING FOR A VARIABLE RATE BOND ISSUE TO PROVIDE FINANCING FOR THE CITY'S ENERGY INDEPENDENCE PROGRAM (EIP). Rec: By Minute Motion, authorize staff to select Wells Fargo Bank to assist the City with financing bonds for the City's Energy Independence Program (EIP). Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 C. REQUEST FOR APPROVAL OF THE DEVELOPMENT OF AN "ARTIST SHOWCASE" CONCERT SERIES IN CIVIC CENTER PARK. Rec: By Minute Motion: 1) Approve the request from "1201 Collective" to partner with City staff to develop an August-September Concert Series in the Civic Center Park and waive Amphitheater fees; 2) authorize staff to spend up to $600 or event insurance from Account No. 110-4610-453-3092 for this purpose; 3) authorize staffing for five concerts. Action: D. REQUEST FOR APPROVAL OF THE "FESTIVAL OF OPERA AND ARTS" IN CIVIC CENTER PARK ON APRIL 11, 2010. Rec: By Minute Motion: 1) Approve the request from "OperaArts" to partner with the City of Palm Desert to offer a "Festival of Opera and Arts" in the Civic Center Park on April 11, 2010, and waive Amphitheater fees; 2) waive Parks Staff fees for this event; 3) approve promotion of this event on the City's website and in a Bright Side article. Action: E. CONSIDERATION OF ORDINANCES ADDING CHAPTER 8.21 TO THE PALM DESERT MUNICIPAL CODE REGARDING THE REGISTRATION AND MAINTENANCE OF ABANDONED PROPERTIES. Rec: Waive further reading and: 1) Adopt Urgency Ordinance No. 1184 by four-fifths vote, adding Chapter 8.21 to the Palm Desert Municipal Code Regarding the Registration and Maintenance of Abandoned Properties; 2) pass Ordinance No. 1185 to second reading, adding Chapter 8.21 to the Palm Desert Municipal Code Regarding the Registration and Maintenance of Abandoned Properties. Action: XV. CONTINUED BUSINESS None 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF GRANT AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND FOOD IN NEED OF DISTRIBUTION, INC. (FIND), AND TO RELEASE FUNDS IN THE AMOUNT OF $850,000 FOR A WAREHOUSE FACILITY (CONTRACT NO. C28500). Rec: By Minute Motion: 1) Approve the subject Grant Agreement by and between the City of Palm Desert and FIND; 2) authorize the City Manager to execute same; 3) authorize the release of funds to FIND in the amount of $850,000 - funds are available in Fund 400. Action: B. REQUEST FOR APPROVAL OF SOLID WASTE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND BURRTEC WASTE AND RECYCLING, LLC (CONTRACT NO. C27410). Rec: By Minute Motion, approve the subject Solid Waste Management Agreement between the City of Palm Desert and Burrtec Waste and Recycling, LLC, as presented. Action: C. REQUEST FOR AUTHORIZATION TO REJECT BID AS NON- RESPONSIVE AND TO AWARD CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO TESERRA OUTDOORS (CONTRACT NO. C28670, PROJECT NO. 901-09) Rec: By Minute Motion: 1) Reject bid from Midori Gardens, Santa Ana, California, as non-responsive; 2) award the subject contract for Landscape Maintenance Area No. 1 to Teserra Outdoors, Coachella, California, in the amount of $64,320; 3) include extra work and services at the specified contract amount, not to exceed $50,000; 4) authorize the Mayor to execute the contract - funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 2 TO TESERRA OUTDOORS (CONTRACT NO. C28680, PROJECT NO. 902-09). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 2 to Teserra Outdoors, Coachella, California, in the amount of $67,920; 2) include extra work and services at the specified contract amount, not to exceed $50,000; 3) authorize the Mayor to execute the contract - funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Action: E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 4 TO SIERRA LANDSCAPE COMPANY, INC. (CONTRACT NO. C28620, PROJECT NO. 904-09). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 4 to Sierra Landscape Company, Inc., Palm Desert, California, in the amount of $93,144; 2) include extra work and services at the specified contract amount, not to exceed $50,000; 3) authorize the Mayor to execute the contract - funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Action: F. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 6 TO TESERRA OUTDOORS (CONTRACT NO. C28690, PROJECT NO. 906-09). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 6 to Teserra Outdoors, Coachella, California, in the amount of $84,396; 2) include extra work and services at the specified contract amount, not to exceed $50,000; 3) authorize the Mayor to execute the contract - funds are available in General Fund Account No. 241-4195-495-3320 - Desert Willow. Action: 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 G. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 7 TO TESERRA OUTDOORS (CONTRACT NO. C28700, PROJECT NO. 907-09). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 7 to Teserra Outdoors, Coachella, California, in the amount of $54,624; 2) include extra work and services at the specified contract amount, not to exceed $50,000; 3) authorize the Mayor to execute the contract - funds are available in the respective Landscape and Lighting Assessment District Accounts. Action: H. REQUEST FOR AUTHORIZATION TO ACCEPT WITHDRAWAL OF THE LOWEST BID AND AWARD CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 9 TO TESERRA OUTDOORS (CONTRACT NO. C28710, PROJECT NO. 909-09). Rec: By Minute Motion: 1) Accept withdrawal of the lowest bid from Kirkpatrick Landscape Services, Indio, California; 2) award the subject contract for Landscape Maintenance Area No. 9 to Teserra Outdoors, Coachella, California, in the amount of $118,728; 3) include extra work and services at the specified contract amount, not to exceed $50,000; 4) authorize the Mayor to execute the contract - funds are available in General Fund Account No. 110- 4614-453-3370 - Repair/Maintenance Medians. Action: I. REQUEST FOR AWARD OF CONTRACT FOR PARK MAINTENANCE AREA - NORTH TO TESERRA (CONTRACT NO. C28940). Rec: By Minute Motion, award the subject Park Maintenance Area - North Contract in the amount of $118,584 to Teserra, Coachella, California, plus extra work and supplies not to exceed $20,000 - funds are requested FY 2009-2010 in Landscape Maintenance Account Nos. 110-4611-453-3320 and 110-4611-454-3371. Action: 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 J. REQUEST FOR AWARD OF CONTRACT FOR PARK MAINTENANCE AREA - CENTRAL TO TESERRA (CONTRACT NO. C28950). Rec: By Minute Motion, award the subject Park Maintenance Area - Central Contract in the amount of $113,400 to Teserra, Coachella, California, plus extra work and supplies not to exceed $20,000 - funds are requested FY 2009-2010 in Account Nos. 110-4611-453- 3320 and 110-4610-453-3320. Action: K. REQUEST FOR AWARD OF CONTRACT FOR PARK MAINTENANCE AREA - SOUTH TO TESERRA (CONTRACT NO. C28960). Rec: By Minute Motion, award the subject Park Maintenance Area - South Contract in the amount of $73,304 to Teserra, Coachella, California, plus extra work and supplies not to exceed $20,000 - funds are requested FY 2009-2010 in Account Nos. 110-4611-453- 3320 and 880-0000-239-9100. Action: L. REQUEST FOR APPROVAL OF THE LEGAL SERVICES SELECTION COMMITTEE TO REVIEW AND RECOMMEND TO THE CITY COUNCIL/REDEVELOPMENT AGENCY (RDA) BOARD THE SUCCESSFUL CITY ATTORNEY/RDA COUNSEL. Rec: By Minute Motion: 1) Establish a City Council Legal Services Selection Committee to review and recommend to the City Council/RDA Board the successful City Attorney/RDA Counsel; 2) appoint the following five members and two alternates to serve on the Legal Services Selection Committee: Rob Taylor (retired Judge); Carlos Ortega (retired City Manager), Alternate Larry Parrish (retired Riverside County CEO); Mayor Robert A. Spiegel; Councilman Jim Ferguson, Alternate Councilman Richard S. Kelly; John Wohlmuth, City Manager. Action: 15 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 M. REQUEST FOR AUTHORIZATION TO PURCHASE A FRAZER CNG (COMPRESSED NATURAL GAS) AMBULANCE MEDIC UNIT AND ASSOCIATED MAINTENANCE TRAINING COSTS IN THE AMOUNT OF $188,675 AND APPROVAL OF A SIX-MONTH CNG AMUBLANCE MEDIC UNIT PILOT PROGRAM. Rec: By Minute Motion: 1) Authorize staff to issue a purchase order to Frazer Ambulance in an amount not to exceed $188,675 plus applicable taxes - approximately $86,000 of funding is budgeted in Fund 530; 2) appropriate $102,675 from Fire Fund 230 for the remaining costs associated with the CNG Ambulance Medic Unit and anticipated maintenance training; 3) authorize the City Manager to negotiate with the County of Riverside for joint participation with the City of Palm Desert in a College of the Desert CNG Maintenance Program estimated at $29,285; 4) direct staff to initiate a six-month pilot program for the CNG Medic Unit and return to City Council with its findings and recommendations for future procurement of CNG ambulance units and related infrastructure for the Palm Desert Fire Department. Action: N. REQUEST FOR AWARDOF CONTRACT TO ZUMAR INDUSTRIES, INC., FOR HTE CITY OF PALM DESERT WAYFINDING SIGN PROJECT (CONTRACT NO. C28810, PROJECT NO. 526-09). Rec: By Minute Motion: 1) Reject the bid from Censource, Inc., Orange, California, as non-responsive; 2) award the subject contract for the Wayfinding Sign Project to Zumar Industries, Inc., Santa Fe Springs, California, in the amount of $53,834; 3) appropriate $53,834 from Unobligated Funds in the New Construction Tax Fund 231; 4) appropriate an additional $5,383.40 as a 10% contingency; 5) authorize the Mayor to execute the contract. Action: 16 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE DRAFT 2009-2010 NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ACTION PLAN AND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND COUNTY OF RIVERSIDE FOR NEIGHBORHOOD STABILIZATION PROGRAM FUNDING (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Rec: Waive further reading and adopt: 1) City Council Resolution No. 09-35, approving the draft 2009-2010 Neighborhood Stabilization Program (NSP) Action Plan. 2) Redevelopment Agency Resolution No. 559, approving the draft 2009-2010 Neighborhood Stabilization Program (NSP) Action Plan. By Minute Motion: 3) Approve the Memorandum of Understanding (MOU) between the City of Palm Desert and County of Riverside for NSP Funding (Contract No. C28970). 4) Authorize the City Manager/Executive Director to finalize and execute the NSP Plan and MOU Joint Agreement. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY 17 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 C. CITY CLERK A. Consideration of the Appointment of a City of Palm Desert Representative to the Riverside County Transportation Commission (RCTC). Rec: By Minute Motion, appoint a City of Palm Desert Representative to the Riverside County Transportation Commission. Action: 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: o City Council Comments: XIX. ADJOURNMENT 18 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 21, 2009 FUTURE MEETINGS: May 26, 2009 10:00 a.m. Audit, Investment & Finance Cmte. North Wing Conference Room 10:00 a.m. Cultural Resources Presv. Cmte. Administrative Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room May 28, 2009 3:00 p.m. Regular City Council/RDA Meetings -CANCELED- June 1, 2009 6:00 p.m. Youth Committee Administrative Conference Room June 2, 2009 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber June 9, 2009 12:00 p.m. Architectural Review Commission Community Services Conference Room June 10, 2009 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room June 11, 2009 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 5th not less than 72 hours prior to the meeting. Dated this 1day of May, 2009. ___________________________ Rachelle D. Klassen, City Clerk 19