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HomeMy WebLinkAboutAGENDA 26 MAY 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 26, 2011 CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS -A Any person wishing to discuss any item of Closed Session business may address the City Council or Redevelopment Agency Board at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the City Council or Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Redevelopment Agency Board to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation at a future City Council or Redevelopment Agency meeting. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 101, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Paul Golden and George Turner Under Negotiation: x Price x Terms of Payment 2) Property: 47445 South Cliff Road (APN 628-120-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: Kathleen Rust/Hayward Pardue Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 a) Douglas Tullio and Murilyn Tullio v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC 089084 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section54957.6 Negotiating Parties: John M. Wohlmuth/City of Palm Desert V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman William R. Kroonen VII. INVOCATION - Mayor Pro Tern Robert A. Spiegel VIII. ORAL COMMUNICATIONS — B Any person wishing to discuss any item not scheduled for public hearing may address the City Council or Redevelopment Agency 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. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on We in the Office of the City Clerk and are available for public inspection during normal business hours, Monday - Friday, 8:00 a.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346- 0611. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE CITY COUNCIL REGARDING THE JOSLYN CENTER BY PALM DESERT REPRESENTATIVE TO ITS BOARD PAMELA PLICK AND ITS EXECUTIVE DIRECTOR PETER RITTENHOUSE. F-ITAMe , B. CONSIDERATION OF CITY COUNCIL LIAISON APPOINTMENT TO THE ENERGY COMMITTEE AND OF APPOINTING CITY COUNCIL LIAISON ALTERNATES TO CITY AND OUTSIDE COMMITTEES. Rec: By Minute Motion: 1) Appoint a Councilmember to the Energy Committee; 2) appoint City Council Alternates to the identified City Committees and Outside Agency Committees. F-IT41 Me, X. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION XI. CONSENT ITEMS HELD OVER. OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of May 12, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 233, 234, and 238. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of March 2011 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of March 22, 2011. 2. Marketing Committee Meeting of April 26, 2011. 3. Parks & Recreation Commission Meeting of April 5, 2011. Rec: Receive and file. E. FISCAL STATEMENT Pursuant to Section 33080 of the California Health and Safety Code (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file the Fiscal Statement for the Fiscal Year Ending June 30, 2010, pursuant to Section 33080 of the California Health and Safety Code. F. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas (CNG) Fuel from Specified Vendors in an Amount Not to Exceed $40,000 for Fiscal Year 2011-2012. Rec: By Minute Motion, approve the purchase of CNG Fuel for FY 2011- 2012 in an amount not to exceed $40,000 from Clean Energy, Seal Beach, California, as the primary source, and SunLine Services Group, Thousand Palms, California, as an alternative source -- funds are budgeted in General Fund Account No. 110-4331-413- 2170 - Auto Fleet -Supply Automotive Gas. G. REQUEST FOR APPROVAL of Time Warner Cable Public, Education and Governmental (PEG) Channel Agreement to Allow for the Broadcasting of City Council Meetings (Contract No. C30890). Rec: By Minute Motion, authorize the City Manager to execute the subject PEG Channel Agreement with Time Warner Cable for the broadcasting of taped City Council Meetings. H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C29920 -- Palm Desert Council Chamber Audio Visual System Upgrade Project. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $38,040.97 to the subject contract with Digital Networks Group, Inc., Aliso Viejo, California, for the purchase and installation of cameras and equipment necessary to broadcast City Council Meetings. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 REQUEST FOR APPROVAL of Addendum to Contract No. C28722 -- Maintenance of the City of Palm Desert's Public Art Collection and El Paseo Invitational Exhibition. Rec: By Minute Motion, approve Addendum in an amount not to exceed $5,000 to the subject contract with Same Day Express, Palm Desert, California, to perform miscellaneous repairs to the City's Public Art Collection and the El Paseo Invitational Exhibition as needed -- funds are available in Account No. 436-4650-454-3372. J. REQUEST FOR RATIFICATION of Amendment No. 1 to Contract with Artist Paul Hobson to Create Artwork for the Palm Desert Aquatic Center (Contract No. C29310). Rec: By Minute Motion, ratify Contract Amendment No. 1 to the subject contract with Artist Paul Hobson to create artwork for the Palm Desert Aquatic Center -- said Amendment extends substantial completion time through June 30, 2011. K. REQUEST FOR APPROVAL of a One-year Extension to Contract with Southwest Aquatics for Lagoon and Water Features Maintenance Services in the Amount of $26,040 (Contract No. C29801). Rec: By Minute Motion: 1) Approve a one-year extension to the subject contract with Southwest Aquatics, Palm Desert, California, for Lagoon and Water Features Maintenance Services in the amount of $26,040; 2) authorize the Mayor to execute same -- funds are available in General Fund Account No. 110-4611-453-3320 - Repair/Maintenance Medians and No. 110-4614-453-3370 - R/M Medians. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25570B -- Retention Basin Concrete Access Ramp (Project No. 927-08) (Ted Enterprises, Inc., San Clemente, 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. M. REQUEST FOR AUTHORIZATION of a Grant of Easement Over APN 627-192-042 to Southern California Gas Company (Southern California Gas Company / Sempra Utilities, Applicant). Rec: By Minute Motion, authorize the Mayor to execute the subject Grant of Easement to Southern California Gas Company (Gas Company) over APN 627-192-042. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 F-IT4 e , XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MAP OF PARCEL MAP NO. 36292 (La Quinta Ranch, Applicant). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF NEW MONUMENT SIGN LOCATED IN THE PUBLIC RIGHT-OF-WAY ON PALM DESERT DRIVE SOUTH OF HIGHWAY 111 FOR THE HOLIDAY INN EXPRESS, Case No. SA 10-380 (Holiday Inn Express, Applicant). Rec: By Minute Motion, approve location of a new monument sign within the public right-of-way located on Palm Desert Drive south of Highway 111 with a minimum 10-foot setback from the back of curb along Hospitality Row. Action - POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 B. CONSIDERATION OF A REQUEST BY PALM SPRINGS ART MUSEUM TO WAIVE PROVISIONS OF PALM DESERT MUNICIPAL CODE CHAPTER 25.68 - SIGNS, SECTION 25.68.090 - TEMPORARY SIGNS, FOR TWO SIGNAGE BANNERS LOCATED AT 72-567 HIGHWAY 111 UNTIL DECEMBER 31, 2011, Case No. SA 11-176 (Palm Springs Art Museum in Palm Desert, Applicant). Rec: By Minute Motion, direct staff to approve or deny the subject request by the Palm Springs Art Museum in Palm Desert to allow two banners until December 31, 2011. C. REQUEST FOR AWARD OF CONTRACT TO LANCE SOARES, INC., D.B.A. CLEAN SWEEP ENVIRONMENTAL, IN THE AMOUNT OF $129,402 FOR FISCAL YEAR 2011-2012 COMMERCIAL AND RESIDENTIAL STREET SWEEPING SERVICES (CONTRACT NO. C30650). Rec: By Minute Motion: 1) Waive a non -substantive bid irregularity and award subject contract in the amount of $129,402 ($10,783.50/month) to Clean Sweep Environmental, Rocklin, California, for Commercial and Residential Street Sweeping Services for Fiscal Year 2011-2012; 2) authorize the Mayor to execute the contract -- funds are available in General Fund Account No. 110-4310-433-3320 - Street Repair and Maintenance. D. REQUEST FOR AWARD OF CONTRACT TO CLEANSTREET IN THE AMOUNT OF $27,664 FOR FISCAL YEAR 2011-2012 PARKING LOT SWEEPING SERVICES (CONTRACT NO. C30660). Rec: By Minute Motion: 1) Award subject contract for Parking Lot Sweeping Services FY 2011-2012 to CleanStreet, Gardena, California, in the amount of $27,664; 2) appropriate $1,170 from Unobligated FY 2011-2012 General Fund Reserves to Aquatic Center Repair and Maintenance Account No. 242-4549-454-3311; 3) appropriate $6,058 from Unobligated FY 2011-2012 General Fund Reserves to Civic Center Park Repair and Maintenance Account No. 110-4610-453-3321; 4) appropriate $5,668 from Unobligated FY 2011-2012 General Fund Reserves to Parks Maintenance Account No. 110-4611-453-3320; 5) authorize the Mayor to execute said contract -- funds in the amount of $4,654 for sweeping the Corporation Yard and Entrada del Paseo are VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 available in General Fund Account No. 110-4310-433-3320 - Street Repair and Maintenance. Action- E. REQUEST FOR AWARD OF CONTRACT TO SERVICE 1ST CONTRACTOR'S NETWORK, D.B.A. SERVICE FIRST, IN THE AMOUNT OF $102,000 FOR PALM DESERT AQUATIC CENTER POOL MAINTENANCE AND CUSTODIAL SERVICES (CONTRACT NO. C30690). Rec: By Minute Motion: 1) Award subject contract for Aquatic Center Maintenance and Custodial Services to Service 1st Contractor's Network, d.b.a. Service First, in the amount of $102,000; 2) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $10,200; 3) appropriate $20,957.50 from Unobligated FY 2010-2011 General Fund Reserves to Account No. 242-4549-454-3311 - Contracted Pool Maintenance; 4) authorize the City Manager to execute said contract - funds, less the requested appropriation, are available in Account No. 242-4549-454-3311 - Contracted Pool Maintenance in the proposed FY 2011-2012 Operating Budget. F. REQUEST FOR AWARD OF CONTRACT TO KNORR SYSTEMS, INC., IN THE AMOUNT OF $109,515 FOR PALM DESERT AQUATIC CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION SERVICES (CONTRACT NO. C30700). Rec: By Minute Motion: 1) Declare bid submitted by Ocean Springs Tech, Inc., as non -responsive due to lack of a Bid Bond; 2) award said contract for Aquatic Center Mechanical Maintenance and Chemical Acquisition to Knorr Systems, Inc., Santa Ana, California, in the amount of $109,515; 3) authorize the Director of Finance to set aside an additional 16% contingency in the total amount of $107951.50; 4) appropriate $15,196.30 from FY 2010-2011 Unobligated General Fund Reserves to Account No. 242-4549-454- 2111 - Supplies/Pool Chemicals; 5) appropriate $6,512.70 from Unobligated FY 2010-2011 General Fund Reserves to Account No. 242-4549-454-3311 - Contracted Pool Maintenance; 6) authorize the City Manager to execute the agreement. F-IT4 e , A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 G. REQUEST FOR APPROPRIATION OF $119,380 TO FUND 242 FOR EXPENSES RELATED TO OPERATIONS AT THE PALM DESERT AQUATIC CENTER FOR THE MONTH OF JUNE 2011 (FISCAL YEAR 2010-2011). Rec: By Minute Motion: 1) Appropriate $82,380 from Unobligated FY 2010-2011 General Fund Reserves to Account No. 242-4549-454- 3093 - Contractual Services; 2) appropriate $2,000 from Unobligated FY 2010-2011 General Fund Reserves to Account No. 242-4549-454-3010 - Utilities/Water; 3) appropriate $5,000 from Unobligated FY 2010-2011 General Fund Reserves to Account No. 242-4549-454-3012 - Utilities/Gas; 4) appropriate $30,000 from Unobligated General Fund Reserves to Account No. 242-4549-454- 3014 - Utilities/Electric; 5) appropriate $119,380 to the General Fund Transfers Out Account No. 110-4199-499-5010 and authorize Director of Finance to transfer funds to Fund 242-0000-391-0000., 6) approve additional estimated revenue of $119,380 to Fund 242- 0000-391-0000. H. REQUEST FOR APPROVAL OF THE PURCHASE OF GAS AND DIESEL FUEL FOR THE CITY'S FLEET AND EQUIPMENT, FOR DESERT WILLOW MAINTENANCE VEHICLES; AND FOR EQUIPMENT FROM KENNY STRICKLAND, THE SOCO GROUP, INC., AND LEE ESCHER OIL CO., INC., FOR FISCAL YEAR 2011-2012 IN AN AMOUNT NOT TO EXCEED $225,000. Rec: By Minute Motion, approve the purchase of gas and diesel fuel from Kenny Strickland, Coachella, California, The SoCo Group, Inc., Carlsbad, California, and Lee Escher Oil Co., Inc., Coachella, California, FY 2011-2012 for: 1) City's fleet and equipment in an amount not to exceed $135,000; 2) Desert Willow Maintenance Facility in an amount not to exceed $90,000 -- funds for purchase of gas and diesel fuel for the City's fleet and equipment are budgeted in General Fund Account No. 110-4331-413-2170 - Auto Fleet - Supply Automotive Gas and Account No. 520-4195-495-8031 for Desert Willow Maintenance Facility. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 REQUEST FOR AWARD OF CONTRACT TO MERCHANTS LANDSCAPE SERVICES, INC., IN THE AMOUNT OF $90,000 FOR LANDSCAPE MAINTENANCE AREA NO. 1 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($18,000) (CONTRACT NO. C30760, PROJECT NO. 901-11). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 1 to Merchants Landscape Services, Inc., Palm Springs, California, in the amount of $90,000; 2) include repair work and services at the specified contract amount, not to exceed 20% of contract amount (or $18,000); 3) authorize the Mayor to execute the contract -- funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians and Assessment District Account No. 276-4374-433-3320 - Haystack Drainage Channel. J. REQUEST FOR AWARD OF CONTRACT TO PINNACLE LANDSCAPE COMPANY IN THE AMOUNT OF $68,160 FOR LANDSCAPE MAINTENANCE AREA NO. 2 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($13,632) (CONTRACT NO. C30770, PROJECT NO. 902-11). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 2 to Pinnacle Landscape Company, Palm Desert, California, in the amount of $68,160; 2) include repair work and services at the specified contract amount, not to exceed 20% of contract amount (or $13,632); 3) authorize the Mayor to execute the contract -- funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 K. REQUEST FOR AWARD OF CONTRACT TO PINNACLE LANDSCAPE COMPANY IN THE AMOUNT OF $67,980 FOR LANDSCAPE MAINTENANCE AREA NO. 4 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($13,596) (CONTRACT NO. C30630, PROJECT NO. 904-11). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 4 to Pinnacle Landscape Company, Palm Desert, California, in the amount of $67,980; 2) include repair work and services at the specified contract amount, not to exceed 20% of contract amount (or $13,596); 3) authorize the Mayor to execute the contract -- funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. F-IT4 e , L. REQUEST FOR AWARD OF CONTRACT TO MARIPOSA LANDSCAPE, INC., IN THE AMOUNT OF $66,744 FOR LANDSCAPE MAINTENANCE AREA NO. 6 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($13,349) (CONTRACT NO. C30780, PROJECT NO. 906-11). Rec: By Minute Motion: 1) Waive bid irregularity and award subject contract for Landscape Maintenance Area No. 6 to Mariposa Landscape, Inc., Irwindale, California, in the amount of $66,744; 2) include repair work and services at the specified contract amount, not to exceed 20% of contract amount (or $13,349); 3) authorize the Mayor to execute the contract -- funds are available in General Fund Account No. 241-4195-495-3320 - Desert Willow R/M-Street, Parks, Medians and No. 241-4194-495-3321 - Desert Willow Repair Maintenance. F-IT4 e , 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 M. REQUEST FOR AWARD OF CONTRACT TO PINNACLE LANDSCAPE COMPANY I THE AMOUNT OF $68,160 FOR LANDSCAPE MAINTENANCE AREA NO. 7 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($13,632) (CONTRACT NO. C30790, PROJECT NO. 907-11). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 7 to Pinnacle Landscape Company, Palm Desert, California, in the amount of $68,160; 2) include repair work and services at the specified contract amount, not to exceed 20% of contract amount (or $13,632); 3) authorize the Mayor to execute the contract -- funds are available in their respective Landscape and Lighting Assessment District Accounts. F-ITAMe , N. REQUEST FOR AWARD OF CONTRACT TO MERCHANTS LANDSCAPE SERVICES, INC., IN THE AMOUNT OF $105,000 FOR LANDSCAPE MAINTENANCE AREA NO. 16 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($21,000) (CONTRACT NO. C30810, PROJECT NO. 916-11). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 16 to Merchants Landscape Services, Inc., Palm Springs, California, in the amount of $105,000; 2) include repair work and services at the specified contract amount, not to exceed 20% of contract amount (or $21,000); 3) authorize the Mayor to execute the contract -- funds are available in General Fund Account No. 110-4611-453-3320 - Repair/Maintenance Landscaping Services. F-IT4 e , 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 O. REQUEST FOR AWARD OF CONTRACT TO MERCHANTS LANDSCAPE SERVICES, INC., IN THE AMOUNT OF $156,000 FOR LANDSCAPE MAINTENANCE AREA NO. 17 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($31,200) (CONTRACT NO. C30820, PROJECT NO. 917-11). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 17 to Merchants Landscape Services, Inc., Palm Springs, California, in the amount of $156,000; 2) include repair work and services at the specified contract amount, not to exceed 20% of contract amount (or $31,200); 3) authorize the Mayor to execute the contract -- funds are available in General Fund Account No. 110-4610-453-3320 - Repair/Maintenance Landscape Service, Account No. 110-4611-453-3320 - Repair/Maintenance Landscaping Service, and in Account No. 110- 4611-453-3371 - Tri-Cities Sports Facility. F-ITAMe , P. REQUEST FOR AWARD OF CONTRACT TO MERCHANTS LANDSCAPE SERVICES, INC., IN THE AMOUNT OF $68,400 FOR LANDSCAPE MAINTENANCE AREA NO. 18 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($13,680) (CONTRACT NO. C30830, PROJECT NO. 918-11). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 18 to Merchants Landscape Services, Inc., Palm Springs, California, in the amount of $68,400; 2) include repair work and services at the specified contract amount, not to exceed 20% of contract amount (or $13,680); 3) authorize the Mayor to execute the contract -- funds are available in General Fund Account No. 110-4611-453-3320 - Repair/Maintenance Landscaping Services. Action: 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 Q. REQUEST FOR AWARD OF CONTRACT TO ALL SEASONS LANDSCAPE & DESIGN, INC., IN THE AMOUNT OF $38,052 FOR LANDSCAPE MAINTENANCE AREA NO. 19 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF ($7,610) (CONTRACT NO. C30800, PROJECT NO. 919-11). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 19 to All Seasons Landscape & Design, Inc., Cherry Valley, California, in the amount of $38,052; 2) include repair work and services at the specified contract amount, not to exceed 20% of the contract amount (or $7,610); 3) authorize the Mayor to execute the contract -- funds are available in Account No. 451-4388-433-4001 - PW Perimeter Landscaping/Capital Outlay. F-IT4 e , R. REQUEST FOR APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE HISTORICAL SOCIETY OF PALM DESERT FOR THE PREMISES LOCATED AT 72-861 EL PASEO, PALM DESERT (CONTRACT NO. C30900). Rec: By Minute Motion, approve of and authorize the Mayor to execute the Lease Agreement between the City of Palm Desert and the Historical Society of Palm Desert for the premises located at 72- 861 El Paseo, Palm Desert, California. Action: 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 S. REQUEST FOR INITIATION OF PROCEEDINGS FOR FORMATION OF THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Rec: Waive further reading and adopt: 1) Resolution No. 2011 - 36, initiating proceedings for formation of the Alessandro Alley Property and Business Improvement District, and the levy and collection of assessments for Fiscal Year 2011-2012, pursuant to provisions of Part 7 of Division 18 of the California Streets and Highways Code. 2) Resolution No. 2011 - 37, describing proposed improvements and services and approving the Management District Plan, and preliminarily approving the Engineer's Report for Fiscal Year 2011-2012 regarding the proposed formation/renewal of the Alessandro Alley Property and Business Improvement District, pursuant to provisions of Part 7 of Division 18 of the California Streets and Highways Code. 3) Resolution No. 2011 - 38, declaring the City's intention to form the Alessandro Alley Property and Business Improvement District and to levy and collect assessments therein, and calling for an Assessment Ballot Proceeding to submit to the qualified property owners within such District the question of levying assessments for such District commencing in Fiscal Year 2011-2012. T. REQUEST FOR INITIATION OF PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2011-2012 FOR THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 01. Rec: Waive further reading and adopt Resolution No. 2011 - 39, declaring intention to levy the annual assessment for Fiscal Year 2011-2012 for the City of Palm Desert Benefit Assessment District No. 01, pursuant to the Benefit Assessment Act of 1982, and appointing a time and place for the public hearing on these matters. Action: 15 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 U. REQUEST FOR INITIATION OF PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE PALM DESERT CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2011-2012, AND GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR THE CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2011-2012. Rec: Waive further reading and adopt: 1) Resolution No. 2011 - 40, initiating proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscape and Lighting District for Fiscal Year 2011-2012. 2) Resolution No. 2011 - 41, declaring the intent to levy and collect annual assessments for the Palm Desert Consolidated Landscape and Lighting District, and granting preliminary approval of the Engineer's Report for Fiscal Year 2011-2012. V. REQUEST FOR INITIATION OF PROCEEDINGS FOR FORMATION OF THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Rec: Waive further reading and adopt- Action: 1) Resolution No. 2011 - 42, initiating proceedings for formation of the President's Plaza III Property and Business Improvement District, and the levy and collection of assessments for Fiscal Year 2011-2012, pursuant to provisions of Part 7 of Division 18 of the California Streets and Highways Code. 2) Resolution No. 2011 - 43, describing proposed improvements and services and approving the Management District Plan, and preliminarily approving the Engineer's Report for Fiscal Year 2011-2012 regarding the proposed formation/renewal of the President's Plaza III Property and Business Improvement District, pursuant to provisions of Part 7 of Division 18 of the California Streets and Highways Code. 3) Resolution No. 2011 - 44, declaring the City's intention to form the President's Plaza III Property and Business Improvement District and to levy and collect assessments therein, and calling for an Assessment Ballot Proceeding to submit to the qualified property owners within such District the question of levying assessments for such District, commencing in Fiscal Year 2011-2012. We POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 W. CONSIDERATION OF ASSISSTING THE MCCALLUM THEATRE WITH PARKING LOT RENOVATIONS. Rec: By Minute Motion: 1) Consider funding the McCallum Theatre Parking Lot and Parking Lot Landscape Improvements from the Unobligated General Fund Reserve in the amount of $225,000; 2) appropriate $225,000 from the Unobligated General Fund Reserve for this purpose. Action: XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AN AMENDMENT TO RESOLUTION NO. 91-5, REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION REGARDING EXCLUSION OF A SUPERMARKET; ZONING ORDINANCE AMENDMENT TO CHAPTER 25.30 OF THE PALM DESERT MUNICIPAL CODE TO ALLOW SUPERMARKETS NOT EXCEEDING 60,000 GROSS SQUARE FEET AS CONDITIONAL USES IN THE REGIONAL COMMERCIAL PC (3) ZONE; EXTERIOR MODIFICATIONS; AND A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) -- FOR A PROJECT LOCATED AT 72-280 HIGHWAY 111, Case Nos. ZOA/CUP 10-228 (KKE Architects, Applicant) (Continued from the meeting of May 12, 2011). Rec: Waive further reading and- 1) Pass Ordinance No. 1221 to second reading, approving an amendment to Chapter 25.30 of the Palm Desert Municipal Code to allow supermarkets not exceeding 60,000 gross square feet as conditional uses in the Regionnal Commercial PC (3) Zone. 2) Adopt Resolution No. 2011 - 15 and a Mitigated Negative Declaration, and approve the findings for approval of ZOA/CUP 10-228 subject to conditions attached. Action: XVI. OLD BUSINESS None 17 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 2011 XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of May 4 - 17, 2011. Rec: Receive and file. Action- 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- 0 City Council Consideration of Travel Requests and Reports: o City Council Committee Reports: o City Council Comments- 0 Suggested Items for Future City Council Meeting Agendas XIX. ADJOURNMENT 18 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FUTURE MEETINGS MAY 26, 2011 May 31, 2011 10.00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room June 6, 2011 6.00 p.m. Youth Committee -CANCELED- June 7, 2011 8.30 a.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber June 8, 2011 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission Administrative Conference Room June 9, 2011 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 20th day of May, 2011. Rachelle D. Klassen, City Clerk 19