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HomeMy WebLinkAbout2009-05-07MINUTES -SPECIAL- PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 7, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Dennis Dawson, Asst. Chief, Palm Desert' Fire/Riverside Co. Fire/Cal Fire Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 IV. ADJOURN TO CLOSED SESSION Reauest 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. 112, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Health Assessment Resource Center (HARC) Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-071-014 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Michael J. Castelli Under Negotiation: x Price x Terms of Payment 3) Property: APNs 627-071-024 and 627-071-025 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: The Shou Family Trust Wing Lam Shou, Successor Trustee 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 With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None 2 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Cindy Finerty VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. ROB BALLEW, Executive Director of Family YMCA of the Desert, expressed appreciation to City Council and staff for allowing the YMCA to conduct its annual Easter Egg Hunt and Healthy Kids Day in Civic Center Park on Saturday, April 11, with approximately 1,100 kids and families participating. He noted that he'd delivered to the City Clerk a 1'/2-minute DVD of the events that day, hoping City Councilmembers would be able to view it at their leisure. Further, he said that after the Egg Hunt and Healthy Kids events, participants also enjoyed the City's Arbor Day Celebration in the Park that day as well. He went on to thank Mayor Spiegel for being honorary chair and Councilmember Benson for being part of the YMCA's annual campaign this year, which had met its $440,000 goal, even though it took an extra month to do so as of last Friday. These funds would help the community by providing the means for participation in YMCA Camps and Programs throughout the coming year. Mayor Spiegel thanked Mr. Ballew for the YMCA's contribution back to the community. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXEMPLARY SERVICE - APRIL 2009. On behalf of the Mayor and the City Council, Mayor Pro Tem Finerty honored each of the following employees for their service above and beyond the call of duty with a printed certificate and a gift card: Grace Mendoza, Gloria Martinez, Rosie Griffin, Wendell ("Skip") Ortiz, Bob Riches, John Urkov, Janis Steele, and Kevin Swartz. B. REAPPOINTMENT OF RUSSELL CAMPBELL TO THE AUDIT, INVESTMENT & FINANCE COMMITTEE. Councilman Kelly moved to, by Minute Motion, reappoint Russell Campbell to his former position on the Audit, Investment & Finance Committee (term 12/31/10). Motion was seconded by Spiegel and failed on a 2-3 vote with Benson, Ferguson, and Finerty voting NO. 3 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Councilman Ferguson stated he voted no because he felt the Council didn't go through any kind of interview process, and he would like to open it up to others and have them go through an interview. Although he felt Mr. Campbell was qualified, he was sure others wanted to serve. Interviews were normally done in January, but he didn't want to wait another seven months with an empty seat, so he requested interviews to be set up for this vacancy. Councilman Kelly pointed out that the motion was a reappointment of Mr. Campbell to the Audit, Investment & Finance Committee, and that he did go through the interview and selection process. Councilman Ferguson commented that Mr. Campbell was then serving on two committees at the same time. Councilman Kelly explained that it depended on which committee one served, and in this case, when Mr. Campbell was appointed to the Planning Commission, he resigned from Project Area 4 and the Audit, Investment & Finance Committee. He said Mr. Campbell had also served on the Josyln Senior Center Board and was a member of another City finance committee. However, when he was removed from the Planning Commission, he evidently agreed to be reappointed back to the Audit, Investment & Finance Committee, which he had nothing to do with and was unaware that it would be on the agenda. He said maybe Mr. Gibson could address this matter. Councilman Ferguson stated it wasn't necessary because action had already taken place, and he was only concerned about the vacancy. Mayor Spiegel stated that Council could move forward in looking for a new member to the Audit, Investment & Finance Committee and certainly Mr. Campbell can reapply if so interested. Mayor Pro Tem Finerty would like to know how many vacancies there were and how many people have applied that perhaps haven't been interviewed. Ms. Klassen responded that she didn't think the status had changed much from what was done in February, but she would certainly provide the Council a report. Mayor Pro Tem Finerty additionally asked that a criteria be provided when appointing people to the Finance Committee. Councilmember Benson added that since the Council would be re -interviewing, she suggested reestablishing whether people would be able to serve on more than one committee, because it used to be that people could only serve on one, but the Council had deviated from that process. 4 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Mayor Spiegel agreed, stating many were currently serving on more than one committee. Councilmember Kelly added that people were serving on committees, but they didn't live in Palm Desert, yet there were residents who wanted to serve; he thought that rule should also be enforced. Mayor Spiegel stated the Council should review each committee. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 23, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 213, 215, 216, 221, 226, 230, 236, 237, and 242. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for February 2009 and March 2009 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mamacita's, 74-991 Velie Way, Suite 4, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Schmidy's Tavern, 72-286 Highway 111, Suites J3 & J4, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of March 31, 2009. 2. Parks & Recreation Commission Meeting of March 3, 2009. Rec: Receive and file. 5 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 G. LETTER OF RESIGNATION from J. Leo Sullivan — Housing Commission. Rec: Receive with very sincere regret. H. LETTER OF RESIGNATION from Ted Giatas — Marketing Committee. Rec: Receive with very sincere regret. I. REQUEST FOR APPROPRIATION OF FUNDS for Continued Operation and Final Fiscal Year 2008-2009 Payments for Household Hazardous Waste (HHW) Facility Operated by Burrtec Waste & Recycling Services. Rec: By Minute Motion, authorize the appropriation of funds in an amount not to exceed $15,000 for the continued operation and final FY 2008-2009 payments for the HHW Facility operated by Burrtec Waste & Recycling Services from Account No. 236-4195-454-3090 (Recycling Funds). J. REQUEST FOR AUTHORIZATION to Submit Applications for Congestion Mitigation and Air Quality (CMAQ) Funds for Two City Projects in Response to Call for Projects by the Coachella Valley Association of Governments (CVAG). Rec: By Minute Motion, authorize the Director of Public Works to sign and submit the applications for CMAQ Funds for the South Palm Desert Traffic Signal Interconnect and Mid -Valley Bike Path Projects in response to the Call for Projects by CVAG. K. REQUEST FOR AUTHORIZATION to Apply for Department of Homeland Security (DHS) Fiscal Year 2009 Assistance to Firefighters Grant Program. Rec: By Minute Motion, approve staff's request to apply for the DHS FY 2009 Assistance to Firefighters Grant (AFG) Program. L. CONSIDERATION of Public Safety Commission Recommendation Relative to Proposed Location for the New Riverside County Detention Center. Rec: By Minute Motion, approve the recommendation of the Palm Desert Public Safety Commission to formally support the location of the proposed Riverside County Detention Center at a site adjacent to 1-10 east of Cabazon. 6 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 M. REQUEST FOR AUTHORIZATION to Release Maintenance Bond for Parcel Map No. 33736 (Palm Desert Associates, Applicant). Rec: By Minute Motion, accept the maintenance period as complete and authorize the City Clerk to release the subject Maintenance Bond for Parcel Map No. 33736. N. REQUEST FOR AUTHORIZATION to Request Proposals for the Design and Construction of the Civic Center Park Amphitheater (Contract No. C28860). Rec: By Minute Motion, authorize staff to request proposals for the design and construction of the Civic Center Park Amphitheater. O. REQUEST FOR AWARD OF CONTRACT for Construction of a Pickleball Court at University Park East to Larios Builders, Inc., in an Amount Not to Exceed $19,999 (Contract No. C28870). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. P. REQUEST FOR APPROVAL of Amendment No. 1-A to Contract No. C26550 — Landscape Maintenance Area No. 6 (Project No. 906-08). Rec: By Minute Motion, approve Amendment No. 1-A in the amount of $14,317 to the subject contract with Hort Tech, Inc., Palm Desert, California — funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Q. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C26561 — Landscape Maintenance Area No. 9 (Project No. 909-08). Rec: By Minute Motion, approve Amendment No. 2 in the amount of $26,122.25 to the subject contract with Hort Tech, Inc., Palm Desert, California — funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. R. REQUEST FOR APPROVAL of Out -of -State Travel for the Public Risk and Insurance Manager's (PRIMA) National Conference in Dallas, Texas, May 31 - June 2, 2009. Rec: By Minute Motion, authorize the Risk Manager to travel to Dallas, Texas, to receive "Author of the Year" Award at the subject PRIMA Annual Conference, said travel in an amount not to exceed $400 — funds are available in General Fund Account No. 110-4260-422-3120. 7 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 S. REQUEST FOR APPROVAL of a Grant of Easement to Southern California Edison Company (SCE) to Allow Installation of Underground Electrical Systems at Desert Willow to Serve the Starwood Vacation Ownership Project. Rec: By Minute Motion: 1) Approve the subject Grant of Easement to SCE to allow the installation of underground electrical systems on Desert Willow property to serve the Starwood Vacation Ownership Project located on Portola Avenue; 2) authorize the City Manager to execute the Easement Agreement. T REQUEST FOR AUTHORIZATION to Reject All Bids Received for Landscape Maintenance Area Nos. 1, 2, 4, 6, 7, and 9 and Re -advertise for Each. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. U. REQUEST FOR AUTHORIZATION to Reject All Bids Received for Park Maintenance Areas: North, Central, and South, and to Re -advertise for Each. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. V. INFORMATIONAL REPORTS: 1. 2008 Palm Desert Emergency Services Annual Report. 2. 2008 Fire Department Annual Report. 3. 2008 Palm Desert Police Department Annual Report. 4. 2008 Public Safety Commission Annual Report. Rec: Receive and file. Councilman Ferguson requested Items T and U be removed for separate action under Section XI, Consent Items Held Over, and Mayor Spiegel requested item O. Councilman Kelly congratulated Risk Manager Gary Rosenblum for the article he wrote, and it was a pleasure to approve Item R for the Out -of -State Travel request for him to receive his award. Upon a motion by Finerty, second by Kelly, and 5-0 vote of the City Council, the remainder of Consent Calendar was approved as presented. 8 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 XI. CONSENT ITEMS HELD OVER O. REQUEST FOR AWARD OF CONTRACT for Construction of a Pickleball Court at University Park East to Larios Builders, Inc., in an Amount Not to Exceed $19,999 (Contract No. C28870). MR. CHRISTOPHER THOMAS, Palm Desert, CA, stated he was Pickleball Ambassador for the Coachella Valley under the USAPA. He said at the last Park and Recreation Commission meeting the issue of where to put the pickleball court was raised, including expending $19,000 for a single pickleball court at University Park. He raised concerns about it along with some of the Commissioners because he was taxpayer first and pickleball advocate second. He said the proposed expenditure for a single pickleball court was costly and University Park East was the wrong location; it was out of the way and very windy there. A year ago the Commission discussed putting pickleball courts at Freedom Park, but it was decided that it was too windy there, so they considered Hovley Soccer Park, which was no longer on the board for approval. He recommended City staff look at other proposals that were more cost effective, specifically taking a tennis court at Civic Center Park and converting it into two or four permanent pickleball courts. He said the slab, fence, and lights were already there, and it wouldn't cost $19,000 to get it done. He believed there was a need for two pickleball courts, and based on his statistics for 25 days of use, he had ten pickleball players to every one tennis player at Cahuilla Hills. However, there is some negativity associated with putting pickleball courts at Cahuilla Hills, so he suggested avoiding that by taking one of the six courts at the Civic Center Park. Other advantages of having the pickleball court at the Civic Center Park was that College of the Desert (COD) was having its first pickleball class this summer, which would give those students a place to practice and improve their skills, and COD could use those courts for class, free clinics, and tournaments. When the International Sports Festival (ISF) is held, instead of having 12 temporary pickleball courts, it could now have 14 pickleball courts, which would meet the foreseeable future growth of the pickleball event; last year there were 173 participants, which will probably grow to 200. Parks Facilities Manager Jay Niemczak agreed with Mr. Thomas that the negative comments at Cahuilla Hills Park were valid, and staff will look at other locations. Mayor Spiegel noted that three Councilmembers attended a Study Session regarding pickleball courts earlier this evening, and the consensus was to go back to the drawing board. 9 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Councilman Ferguson moved to, reject staffs recommendation and instead directed staff to return with less expensive/multi-use alternatives in other areas of the City that are more practical for users and recreational purposes, including accurate statistics of the number of pickleball players in the City. Councilman Kelly stated he felt strongly the Council should not be taking facilities away from one group and handing it off to another. He didn't know how many tennis players actually utilized the tennis courts at Cahuillla Hills, but they expected the courts to be there. He was in favor of the proposed pickleball court at University Park because he believed it would be used, the space was available, and he didn't think $19,000 was that expensive compared to how the City had spent money on other things. Mayor Pro Tem Finerty seconded the motion, and it carried on a 4-1 vote, with Kelly voting NO. T. REQUEST FOR AUTHORIZATION to Reject All Bids Received for Landscape Maintenance Area Nos. 1, 2, 4, 6, 7, and 9 and Re -advertise for Each. Councilman Ferguson stated he pulled items T and U from the Consent Calendar, not because he .disagreed with staff's recommendation, but because Mr. Hintz wished to address the Council on them. MR. GREG HINTZ stated he was one of the owners of Teserra, and they were the low bidders in three of the Landscape Maintenance areas and all three of the Park Maintenance areas. He said he followed and provided the proper procedure, guidelines, paperwork, and credentials of the bidding process. He then received a phone call from Landscape Manager Spencer Knight informing him that the projects would be going out for rebid. The only explanation given to him was that Council was going a different direction. He then sent Mr. Knight an e-mail requesting an explanation as to what had happened, but he didn't receive a response; the only thing he knew was that all bids were being rejected. He said he's been in this type of business for a while, and that whatever happened didn't feel right or smell right, but he didn't have a reason nor did he want to make accusations, which was why he was present this evening to find out what happened. He noted that his staff dropped off a letter for the Council, which he hoped was received. He said the City would save $620,000 on cast to maintenance if all his bids were accepted, which was a significant savings. He said Teserra was qualified; they have a maintenance division that made $25 million in landscape that was all related to maintenance, so he didn't know if experience was the issue. His three lowest bids for the Landscape Maintenance were all bonded, which meant that if he didn't perform, he would be kicked off the job, his money would be taken, and another vendor would be hired to complete 10 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 the job. With the Park Maintenance there was a bid bond requested with no performance bond. He offered to provide a performance bond for the Park Maintenance contracts to make sure the City had an insurance policy, but the risk would be on him, because he would have to carry the bonds, make sure his staff performed, and make sure they used the right equipment. He was somewhat speechless and didn't know what else to say on this matter. He went on to say that some of his current staff had managed the proposed areas and knew them inside and out. He asked that his bids be accepted, as they should be, because everyone followed the rules. He understood some of his competitors were disappointed with the results and wanted a bite of the apple, but he provided good numbers, and everyone played by the same rules. When he bids on other jobs and he's not the winner, he walks away and tries at the next one, but he didn't file complaints or question other vendors qualifications. He said it was somewhat concerning that Teserra was not consulted on anything pertaining to his bids, and that if City staff had issues with staffing levels, experience, or bonding capacities, he thought a telephone call could have been made for clarification, but that courtesy wasn't extended. He said he loved Palm Desert, had raised his children in the City's park, had done landscape installation and maintenance for Palm Desert, and he would like to do the maintenance areas to show what they could do. Mayor Spiegel stated Landscape Manager Spencer Knight and Parks and Recreation Services Manager Janis Steele were available to respond. Mr. Knight responded that when bids are received and reviewed, they are the first documents looked at to begin the decision -making process, and the current bid documents are worded in a way that don't clearly specify the type of experience and technical ability the City was now looking for. As a result, if those documents don't clearly define the experience and technical ability of the contractor, staff is then unclear about the total picture and unclear about the contractor's ability. At this point, after looking at the City's contract, staff realized they needed a clearer picture to start with, which was now staff's starting point. Staff was requesting to go back out and rebid with redefined technical ability and experience qualifications. He said Teserra was more than welcomed to rebid, and that he wasn't making a judgement on ability at this point, because he didn't have enough information in the bid documents to do so. Councilman Kelly asked why were companies included in the bid process if they weren't qualified. Mr. Knight explained that anyone was free to bid and what became a responsive bid was a bidder that had all, the experience and met all the requirements in the bid documents. Further responding, he said this was a 11 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 public bid that was posted outside City Hall, posted on the City's Website, and published in the newspaper. Councilman Kelly stated he was troubled with this matter and questioned how long had the City been holding bids on landscape projects that it now suddenly realized qualification clauses were omitted from the bid documents. Mr. Knight replied he's been conducting bids for ten years, but the terminology in the bid specifications was general and speaks to the type of landscaping the City had, i.e., desert landscaping; it outlined the practice used and requests that the contractor have that experience, but in the City's bid documents, the City doesn't request for the contractor's references on the type of landscape needed. At this point, the City can receive a reference from a more traditional landscape that has a lot of turf and more water usage plant materials than what the City uses, which is maintained differently. Councilmember Benson stated that if the City had been using the same bid forms for ten years and all of a sudden they are going to be changed, it seemed they should be changed before going out to bid or now for the next time, but not on the present contractor who bid on the current documents; otherwise, it would be changing the rules in the middle of the game, which wasn't fair. She agreed the documents should be changed if staff felt something was left out, but do it for the next time. Mayor Pro Tem Finerty asked if Teserra had performed maintenance for the City before. Mr. Knight replied they had not. He said Teserra's work for the City was installation, but none were landscape maintenance contracts. Further responding, he said there had been no problems with their installation work, and they were good to work with. He reiterated that he had no trouble with the company. Councilman Ferguson agreed with Councilman Kelly and Councilmember Benson that the City shouldn't change the rules after the contractor had already shown his numbers, and he didn't recall the Council wanting to change the policy, which was a little surprising. Mr. Knight replied this matter had nothing to do with Council; it had more to do with the bid documents and staffs concern. Councilman Ferguson asked if in this instance, fairness dictated that the City make the award, given the savings particularly, then if the City wanted to change the rules of the game, it can be done prospectively. 12 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Mr. Knight agreed it could be viewed that way, but he had concerns. He said when he makes recommendations to Council about a low bidder, he wants to be confident that the contractor can meet the criteria required. In this case, based on the bid documentation provided it was difficult for him to make that determination, and it wasn't because of the contractor, but because the bid documents were too general. Further responding, he said in the past he was able to make that determination based on the information provided; however, there had been a couple of other incidents where the bidding documentation wasn't clear enough. Parks and Recreation Services Manager Janis Steele stated her reason for rejecting the Park Maintenance bids was entirely different. She said the City Manager directed staff to reject the bids based on the fact that a performance bond wasn't requested. She said the City was trying to be more consistent with its contracts, so staff was planning to re -advertise and add the performance bond requirement. Mayor Pro Tem Finerty stated that Mr. Hintz had offered to post a performance bond and wondered if that would bean adequate request given the fact that he was the low bidder. Responding to question, Ms. Steele replied that Teserra was the low bidder for all three of the Park Maintenance bids. Further responding, she would agree to move forward with Teserra if they posted a performance bond. Councilman Ferguson stated if the City went out to bid, would the City be able to add a condition subsequent to opening the bids. Mr. Erwin replied the bids needed to be rejected first, and then add specification in the bid process going out. Mayor Spiegel asked Mr. Hintz if he was willing to post a bond for all three of the Park Maintenance areas. MR. HINTZ responded he would. He reiterated that he had met the specification and requirements to bid on the projects. Mayor Pro Tem Finerty recommended not approving staff's recommendation and instead approve Teserra for the areas they were the low bidder. Mr. Knight stated staff still had to finish the review process, and if Council wanted staff to proceed with the existing set of bids, he will return at the next City Council meeting with a request to award. 13 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Mayor Pro Tem Finerty, moved to, deny staff's recommendation and directed staff to return at the next meeting with the contract award recommendations for the subject Landscape Maintenance Areas. Motion was seconded by Ferguson and carried by a 5-0 vote. U. REQUEST FOR AUTHORIZATION to Reject All Bids Received for Park Maintenance Areas: North, Central, and South, and to Re -advertise for Each. Please see Item T above for more information and discussion. Mayor Pro Tem Finerty moved to, by Minute Motion, authorized staff to return at the next meeting with contract award recommendations, including Teserra's agreement to post a Performance Bond for the subject Park Maintenance Areas. Motion was seconded by Ferguson and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 09-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A FEE FOR CHECKS RETURNED WITHOUT PAYMENT. Councilman Kelly moved to waive further reading and adopt Resolution No. 09-26. Motion was seconded Finerty and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1183 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM DESERT. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1183. Motion was seconded by Finerty and carried by a 5-0 vote. 14 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR CITY ATTORNEY AND REDEVELOPMENT AGENCY COUNSEL SERVICES (CONTRACT NO. C28880). Councilman Ferguson moved to, by Minute Motion: 1) Approve the RFP for City Attorney and Redevelopment Agency Counsel Services; 2) establish a Legal Services Selection Committee to review, interview, and recommend the successful firm(s) or candidate(s) to the City Council/Redevelopment Agency Board, pursuant to the established schedule; 3) designate one Councilmember and two Citizen/Committee Members to serve on the Legal Services Selection Committee, along with the Mayor and City Manager. Motion was seconded by Finerty and carried by a 5-0 vote. Mayor Pro Tem Finerty suggested Councilman Ferguson be designated to serve on the Committee. Councilman Ferguson respectfully declined and requested that the City Manager return with a proposed way of movingforward on this RFP. Councilman Kelly stated it was a serious Committee, and if someone couldn't attend for whatever reason, the Committee should have a Councilmember for an alternate. Mayor Spiegel stated at the next City Council meeting, the City Manager should return with his recommendations for the members of the Committee. With City Council concurrence, City Manager directed to return at the next meeting with a proposal for composition of the Selection Committee and remainder of the RFP process. B. CONSIDERATION OF UPHOLDING THE DIRECTOR OF COMMUNITY DEVELOPMENT'S DENIAL OF A TEMPORARY USE PERMIT FOR TOYOTA OF THE DESERT AUTO SALE IN THE HIGHWAY 111 PARKING LOT AT WESTFIELD SHOPPING CENTER LOCATED AT 72-840 HIGHWAY 111 Case No. TUP 09-179 (Toyota of the Desert, Applicant). Assistant Planner Kevin Swartz stated that on April 10, 2003, the City Council approved permitting auto sales at Westfield Mall in the north "back 40" parking lot between Easter and Thanksgiving. Today the Applicant was requesting an auto sale located at the south parking lot facing Highway 111 on May 14 through May 17. Staff was not recommending denial of this auto sale at Westfield, but that it should take place in the north "back 40" parking lot. Past auto sales had taken place in the "back 40" parking lot by the Red Carpet Car Wash and Good Year Tire. The Applicant was appealing the 15 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 decision and staff was recommending that the City Council uphold the decision of the Planning Director to relocate the auto sale to the north "back 40" parking lot. He offered to answer questions. Mayor Spiegel stated that this past weekend used cars were being sold at Walmart, and he didn't know who gave approval, but assumed someone did. It seemed as if the City had a double standard, stating that almost anything could be done in the north sphere, but not in the middle of the City. He questioned if that was the right standard to have. Ms. Aylaian stated auto sales were handled with a Temporary Use Permit (TUP) that gave staff an opportunity to review the proposed use and determine if that particular area was right for the neighborhood, setting, and consistent with the goals of the City and Zoning Ordinance. In the past, Westfield Shopping Mall was considered sacred for any type of use that could potentially take it down market or detract from the appearance. At the City Council's direction, staff prohibited auto sales between Thanksgiving and Easter because the parking lot received more parking usage than Sam's Club or Walmart. When people apply fora TUP, staff considers the location where the Application is made, reviews and determines what reasonable restrictions should be placed. The auto sale approved at Sam's Club and Walmart complied with the restrictions that were appropriate for that zone. If the City Council wished to establish a policy and redirect staff to allow auto sales at Westfield on Highway 111, staff could accommodate that request. Further responding, she clarified there were no auto sales allowed at Westfield at the direction of City Council between Thanksgiving and Easter, and they weren't permitted in the north "back a 40" parking lot the rest of the year. Councilman Ferguson couldn't recall it being a City Council direction. He asked if there were past parking lot accounts that showed that this event would be a problem or cause any health and safety concern other than an unnamed policy from some time ago. Ms. Alyaian replied that there wasn't MR. BRENT WISE, Manager of Westfield Mall, stated location would be key to this event, and they anticipated 75 to 100 vehicles to be sold. He believed he had proven he could manage a car sale with the Recreational Vehicle (RV) sale, which was done nicely. He would manage this auto sale personally and monitor it for four days. He said the volume of sales would be much more dramatic than what it was with the RV's, and all the sales tax would return to the City. He recommended approval of this request. Responding to question, he said past auto sales generated more than 100 vehicles being sold, but again, location would be key. 16 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Mayor Pro Tem Finerty asked if the vehicles would only be Toyota's. MR. JAKE MONNIER, Customer Public Relations Manager with Toyota of the Desert, stated the event was a used car sale that included other brands like Honda, Acura, Chevy, Cadillac, and others. He said the vehicles will be tasteful, in good condition, and will meet Department of Transportation (DOT) standards, and they wouldn't be selling $500 cars. Responding to question about the year of the vehicles, he said because of today's financing requirements, most vehicles will be 2003 and newer models, with a few under $5,000 in the1999 to 2000 year range. Further responding, he said they anticipated selling 75 vehicles, and the average sale price would be $15,000; sales tax for one vehicle averaged about $1,500. Councilmember Benson stated that when auto sales were first allowed at Westfield, they were put in the "back 40" parking lot and everyone was happy with that arrangement. She said to have the event on Highway 111 would deteriorate the appearance of Highway 111. However, she had no objections to the event taking place in the rear of the mall and believed people will find it because of all the hype; she was confident the event would still be successful. Mayor Pro Tem Finerty asked what was the average sales tax from previous events at Westfield Mall. MR. MONNIER replied two different types of sales were being compared, because RV's ranged from $50,000 to $100,000. MR. WISE stated the last auto sale was before his time, and the last sale at Westfield was for RV's, which was totally different. He said that based on his history and experience, location was key to the success of the event. Councilman Ferguson asked if Council allowed the Applicant to hold the event off Highway 111, what type of signage would be provided. MR. MONNIER responded their signage was a standard 10-foot banner that said "Toyota of the Desert," which was their license -plate bracket. He said they were conservative and wouldn't put up anything radical. MR. WISE stated that when the City approved the RV show on Highway 111, they had an RV out by Highway 111 with a banner, which was tasteful and appropriately done. He will include in the contract that he will have full control over the signage to ensure it is tasteful, without balloons, and private property was not encroached upon. Further responding, he agreed to not have sign twirlers. He will be available 24/7 on the property, and if the City saw something they didn't like, they could call him, and he will have it removed immediately. 17 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Councilman Kelly stated this event would take place during the shoulder season and when Council last prohibited events on Highway 111, it was a different time. He said Council was trying to balance the budget, and this was a good opportunity to see how it ran. Councilman Kelly moved to, by Minute Motion, approved the subject TUP for an auto sale in the Highway 111 Parking Lot of Westfield Shopping Center May 14-17, 2009, subject to strict control of all aesthetics. Motion was seconded by Ferguson. Councilman Ferguson stated he didn't like doing anything just because it was done before; he liked some rhyme or reason, but in this case, there was an absence of it. He said because it was shoulder season, he would like to give the event a chance as long as the City had control of the aesthetics. In addition, the City would receive sales tax from the auto sale and perhaps pull people into the mall to help some of those struggling tenants. NO. Responding to question, MR. MONNIER said the sale will run from 8:00 a.m. to 8:00 p.m. Mayor Spiegel called for the vote, and it carried on a 4-1 vote, with Benson voting Mayor Spiegel asked that staff review whether or not Council should be advised prior to any major sale/car event for the north sphere, Highway 111, Highway 74, or anywhere in the City; he also wanted to know what type of sale it will be because motor home sales had been approved in the past. C. REQUEST FOR APPROVAL OF CONTRACT WITH DIEHL, EVANS & COMPANY, LLP, TO PERFORM AUDITING SERVICES FOR THE CITY OF PALM DESERT, REDEVELOPMENT AGENCY, AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION FOR THE FISCAL YEAR ENDING JUNE 30, 2009, AND THE TRANSIENT OCCUPANCY TAX AUDIT OF THREE HOTELS FOR CALENDAR YEAR 2008. Councilman Kelly moved to, by Minute Motion: 1) Approve the subject contract with Diehl, Evans & Company, LLP, to perform auditing services for the City of Palm Desert, Redevelopment Agency, and the Palm Desert Recreational Facilities Corporation for the Fiscal Year Ending June 30, 2009 (Contract No. C27541); 2) authorize performing the Transient Occupancy Tax Audit on three hotels for calendar year 2008 (Contract No. C27541 A). Motion was seconded by Finerty and carried by a 5-0 vote. 18 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 D. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE PALM DESERT CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2009-2010. Mayor Pro Tem Finerty noted she owned property in the vicinity of the proposed Palm Desert Consolidated Landscape and Lighting District and would recused herself from taking action on this item and left the Council Chamber. Councilmember Benson moved to waive further reading and adopt: 1) Resolution No. 09-27, initiating proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscape and Lighting District for FY 2009-2010; 2) Resolution No. 09-28, declaring 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 FY 2009-2010. Motion was seconded by Ferguson and carried by a 4-0 vote, with Finerty ABSENT. E. REQUEST FOR APPROVAL OF ACTION RELATED TO LEVY THE ANNUAL ASSESSMENT FOR PALM DESERT DRAINAGE BASIN MAINTENANCE ASSESSMENT DISTRICT NO. 01, FISCAL YEAR 2009-2010. Councilmember Benson moved to waive further reading and adopt Resolution No. 09-29, declaring intent to levy the annual assessment FY 2009-2010 for the Palm Desert Drainage Basin Maintenance 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. Motion was seconded by Ferguson and carried by a 5-0 vote. F. REQUEST FOR AUTHORIZATION TO REIMBURSE THE CITY IN THE AMOUNT OF $216,140 FOR THE FAIR MARKET VALUE OF VACANT LOT (APN 627-092-043) ASSOCIATED WITH THE ALESSANDRO ALLEY IMPROVEMENT PROJECT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilman/Member Kelly moved to, by Minute Motion: 1) Appropriate $216,140 to Account No. 850-4341-433-4001 from Unobligated Project Area No. 1 Funds; 2) authorize reimbursement to the City in the amount of $216,140 through a Reimbursement Agreement to be executed by the Executive Director; 3) authorize staff to reimburse the Redevelopment Agency using Housing Set -aside Funds, if it is determined that the property or a portion thereof qualifies as low/moderate affordable housing. Motion was seconded by Benson and carried by a 5-0 vote. 19 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 G. CONSIDERATION OF RESPONSE TO COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT GRAND JURY REPORT. Responding to question, Mr. Wohlmuth stated that he, the Mayor, and City staff met with Mr. Walker a week and a half ago regarding the Grand Jury report. Mayor Spiegel stated Mr. Douglas Walker was an asset to the City, and his background was the best of all the members on the Vector Control District Board. He said Mr. Walker was aware of the letter the City Manager would be writing. Councilman Kelly noted Mr. Walker was appointed to the Vector Control District after the problems had come up, but another issue the Board faced was that it had an excess reserve. However, he disagreed that it was an excess reserve, because as a citizen, he felt more comfortable that it had the resources to deal with a catastrophe related to mosquitoes or red ants, Mayor Pro Tem Finerty commented that a reserve was a nice problem to have. Mayor Pro Tem Finerty moved to, by Minute Motion, approve the draft response to the Grand Jury's Report regarding the Coachella Valley Mosquito and Vector Control District. Councilman Ferguson asked if there was any reason why the Council couldn't just receive and file this item. Mr. Erwin replied that the CV Mosquito and Vector Control District requested a specific response within 90 days. Councilman Ferguson stated he wasn't used to Grand Jury's telling cities how to run their business, and just the premise of them demanding a response with four options was a little offensive to him. He said the Council didn't have a problem with the City's appointee or his qualifications. Mr. Erwin stated there was technically no legal obligation to respond. Further responding, he agreed the City could possibly be .getting into a contest if it just wanted to receive and file the document. Councilman Kelly seconded the motion and it carried on a 4-1 vote, with Ferguson voting NO. 20 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO BRETT FIORE OF SIGNATURE SCULPTURE RESTORATION AND MAINTENANCE D.B.A. SAME DAY EXPRESS FOR MAINTENANCE OF THE CITY OF PALM DESERT'S PUBLIC ART COLLECTION AND THE EL PASEO INVITATIONAL EXHIBITION (CONTRACT NO. C28720). Councilmember Benson moved to, by Minute Motion: 1) Award the subject contract to Brett Fiore of Signature Sculpture Restoration and Maintenance d.b.a. Same Day Express, Palm Desert, California, for a period of three (3) years, renewable each year upon City Council approval, in the amount of $37,500/year; 2) authorize the Mayor to execute said contract — funds are available in Account No. 240-4650-454-3372. Motion was seconded by Ferguson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 7 AND ACCEPTANCE OF WORK FOR CONTRACT NO. C25570A — ASSESSMENT DISTRICT NO. 2004-02 (PROJECT NO. 627-05) (Skanska Civil USA West [formerly Yeager-Skanska, Inc.], Riverside, CA). Councilman Kelly moved to, by Minute Motion: 1) Approve Change Order No. 7 in the amount of $82,532.15 to the subject contract with Skanska Civil USA West, Riverside, California, for construction of Assessment District No. 2004-02 — funds are available in Account No. 469-4350-433-4001 - Assessment District No. 2004-02 (no General Fund money being used for this expenditure); 2) authorize the Mayor to execute Change Order No. 7; 3) accept the work as complete for the subject contract; 4) authorize the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO APPROVE THE ENERGY INDEPENDENCE PROGRAM (EIP) PHOTOVOLTAIC SOLAR LOAN FOR .VERIDIAN., LLC, AT 42-635 MELANIE PLACE (CITY LOAN NO. 08-151 CS). Mr. Conlon noted the staff report and stated the item was unanimously approved by the Audit, Investment & Finance Committee. Mayor Pro Tem Finerty stated everyone was comfortable with the request after further investigation. Councilman Ferguson moved to, by Minute Motion, authorize the Mayor to approve the Commercial EIP Loan to Veridian, LLC, for a 60.5 kW photovoltaic solar system in the 21 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 amount of $522,092 to be installed at 42-635 Melanie Place, Palm Desert. Motion was seconded by Finerty. Councilman Kelly stated he would vote no because he viewed this as competing with outside businesses. He understood the City was encouraging residents to use solar panels, but this -was for a commercial operation. He said if the City had that much money to spend, it should be installing solar panels on its own complex. Mayor Spiegel called for the vote, and the motion carried on a 4-1 vote, with Kelly voting NO. XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION ACTION, DENYING A REQUEST FORA VARIANCE FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.68 - SIGNS, TO PERMIT A THIRD MONUMENT SIGN FOR CARL'S JR. IN THE UNIVERSITY VILLAGE CENTER LOCATED AT 36-879 COOK STREET Case No. VAR 08-304 (National Sign and Marketing/The Evans Company, Applicants/Appellants) (Continued from the meetings of December 11, 2008, February 12, February 26, March 12, and April 9, 2009). Principal Planner Tony Bagato stated staff was requesting that Council reaffirm the action of the Planning Commission to deny the subject variance. He said the Applicant will work with staff to go through the Architectural Review process to have the monument sign approved. Mayor Spiegel stated it was his understanding that Carl's Jr. was working with the developer to put a new monument sign and replace an existing one. Mr. Bagato agreed, stating this action would deny the previous variance, and the Applicant will redesign the existing monument with Carl's Jr. name on it. Mayor Spiegel declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, he declared the public hearing closed. Mayor Pro Tem Finerty moved to waive further reading and adopt Resolution No. 09-12, reaffirming the action of the Planning Commission, denying a variance requested by Carl's Jr. for a third monument sign on Cook Street located within the University Village. Motion was seconded by Ferguson and carried by a 4-1 vote, with Kelly voting NO. 22 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 B. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2009-2010 RECOMMENDATIONS AND OF THE ONE-YEAR ACTION PLAN FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Ms. Riddle stated the request was for approval of the 2009-2010 Community Development Block Grant Application One-year Action Plan, and the recommendation for grant awards. Mayor Spiegel declared the public hearing open and invited anyone who wished to come forward to speak on the subject to do so at this time. MR. RICHARD BOLACCO, Executive Director of DesertArc, stated they appreciated the support of the City and recommended approval of the $107,735 community block grant. On behalf of the Board and staff at Desert Arc, he thanked the Council for their support with the improvements to Building III, which were mainly energy improvements and assistance with their facility improvement plan. Responding to question, he said they were still having the drawing fora house on Saturday from 2:30 to 4:00 p.m. at the Classic Club, and hors d'oeuvres will be hosted by Rattlesnake Restaurant. He said they will have great door prizes and money to give away. He believed the event would make a profit. With no further testimony offered, Mayor Spiegel declared the public hearing closed. Councilman Ferguson thanked the Mayor and Mayor Pro Tem for doing a great job of sorting through the applications and coming up with a good selection. Councilman Ferguson moved to, by Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2009-2010 CDBG recommendations as presented; 2) approve FY 2009-2010 CDBG One-year Action Plan; 3) authorize the City Manager to sign the One- year Action Plan Certifications; 4) authorize staff to submit the Action Plan to the U. S. Department of Housing and Urban Development (HUD). Motion was seconded by Finerty and carried by a 5-0 vote. Councilman Kelly stated that based on past experience, Ms. Riddle needed to be thanked for setting up the selection process and providing all the answers, which made it easy to make the selections. Mayor Spiegel concurred. 23 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Business in the City — Mayor Spiegel related that while home recently watching quite a bit of television, hewas disturbed by the numerous advertisements for Better Homes & Bargains' "Going Out of Business" promotion in Palm Desert. He said it seemed that business had been on its final two weeks for the last six months and felt it inappropriate for this to go on for such an extended period of time.. He asked for concurrence that the City look into how it could regulate such activity, understanding that some businesses must discontinue their. operation. He asked staff to contact the Chamber of Commerce for its recommendation on this issue (e.g. three months' time) and formulate some guidelines. Councilman Kelly added that the guidelines should also include the type of signage that should be allowed for this activity. 24 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 2. Monument Signs — Mayor Spiegel asked for a review as it relates to the Desert Gateway/Walmart Center. He noted that the Center has numerous monument signs that have been in place virtually since the project's inception. One of the businesses listed on the monuments is Circuit City; however, that store has been out of business for months. He recommended that in instances like this where the business isn't going to come into a location, there should be a program to ensure the signage accurately reflects the entities that are present or soon to come at a location. This would give opportunity for another business at the Center to be part of the monument sign instead. He said all of the City's monument signage should be reviewed so that businesses that were no longer operating didn't still have their monument sign in front, and is something that could be analyzed during the slower summer months. o City Council Committee Reports: 1. Children's Discovery Museum — Councilmember Benson said at the recent Museum Board Meeting, it was announced that the Children's Discovery Museum had received a "Good To Grow" Designation, something that the 300-400 Children's Museums throughout the United States had applied for. She said of these applications, six were selected, and the Coachella Valley's Children's Discovery Museum was rated at the top of the final three chosen. She said it was a prestigious designation, something the Museum was very proud of and would use for promotional purposes. o City Council Comments: 1. Mayor Spiegel noted that he'd been out of commission for about one week and thanked his fellow City Councilmembers and City staff for the nice plant he received. He also wanted to thank Councilman Kelly for presiding at yesterday's Student Art & Essay Contest Award Ceremony at the Visitor Center. 25 MINUTES SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 XIX. ADJOURNMENT On a motion by Ferguson, second by Spiegel, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting at 5:07 p.m. ATTEST: LLB D. KLASSEN, CITY CLERIC CITY OF PALM DESERT, CALIFORNIA OBERT ' . PIEGEL,% AYOR 26