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HomeMy WebLinkAbout2010-09-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Deputy City Clerk Grace Mendoza convened the meeting at 3:00 p.m. Due to lack of a quorum, she immediately adjourned the meeting to 3:30 p.m. Mayor Finerty reconvened the meeting at 3:31 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson arrived at 3:48 p.m. Councilman Robert A. Spiegel Mayor Cindy Finerty Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development 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 Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./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 REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 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 - APN 622-260-082 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Riverside County Sheriffs Department Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of California b) Barry Wilk v. City of Palm Desert, et al., Riverside County Superior Court, Case No. RIC477765 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Benson, second by Spiegel, and 3-0 vote of the City Council, with Ferguson ABSENT, Mayor Finerty adjourned the meeting to Closed Session at 3:32 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Jim Ferguson VII. INVOCATION - Mayor Cindy Finerty 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 VIII. ORAL COMMUNICATIONS - B MR. LARRY SPICER introduced MR. PATRICK MULLANEY and stated that on behalf of the City Council of the City of Indian Wells a proclamation was prepared in honor of the late Richard S. Kelly. He invited Mary Helen Kelly up to the podium where the proclamation was read and then presented to her. The proclamation outlined Councilman Kelly's 28 years of service on the Palm Desert City Council, whereas Mr. Kelly's accomplishments have been marked by exemplary dedication to the best interest of the community, generosity of his time to various organizations and committees, and earned the admiration and high regard of other service leaders and the affection of a host of area residents. He said Mr. Kelly will be remembered for his many contributions, which included working for the passage of Measure A that established the Transportation Uniform Litigation Fee in the Coachella Valley and forging Palm Desert's role as a leader on environmental issues. The City of Indian Wells will miss Mr. Kelly, but the impact he made on the community will not be forgotten. MS. KAY CREED stated she was the 2010 Event Chair for the Palm Desert Relay for Life. She invited the Palm Desert City Council and City staff to attend the 12th Annual event on October 2, 2010, which will be held at the Palm Desert Civic Center Park. She said the event is to celebrate the lives of those still battling cancer and those who have passed. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE TERRY SCHUKART FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS PARKS & RECREATION COMMISSION. Mr. Schukart was unable to be present for today's recognition. The engraved crystal clock in appreciation for his time on the Parks & Recreation Commission will be forwarded to him. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 26, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 49, 50, 52, 56, 60, and 61. Rec: Approve as presented. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 C. REQUEST FOR AWARD OF CONTRACT for Deinstallation of the 2009/2010 El Paseo Invitational Exhibition and Installation of the 2011/2012 El Paseo Invitational Exhibition (Contract No. C30180). Rec: By Minute Motion: 1) Reject the bid of Michael Volpone as non- responsive; 2) award the subject contract for Deinstallation of the 2009/2010 El Paseo Invitational Exhibition and Installation of the 2011/2012 El Paseo Invitational Exhibition to Same Day Express, Palm Desert, California, in the amount of $3,799; 3) authorize the Mayor to execute said contract — funds are available in Account No. 436-4650-454-4002. D. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28550 — Fire Station No. 33 Concrete Driveway Repair (Project No. 613-09) (ASR Constructors, Inc., Riverside, 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. E. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29650 — 2010 Curb Ramp Modification Project (Project No. 753-10) (Contreras Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. F. REQUEST FOR APPROVAL of Exemptions from Palm Desert Municipal Code Section Nos. 9.58.010 and 9.58.020 in Connection with Receptions for Art Exhibitions to be held in the Palm Desert Community Gallery Between October 2010 and July 2011. Rec: By Minute Motion, approve exemptions from Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 in Connection with Receptions for Art Exhibitions to be held in the Palm Desert Community Gallery between October 2010 and July 2011 — tentative dates for these Receptions are October 18, 2010 (Jeffrey Kirby, Ben Jasper, and Al Savlowitz); January 10, 2011 (Judy Nemer Sklar and Renee Rauso); and May 23, 2011 (Jayel Aherm). Upon a motion by Spiegel, second by Benson, and 4-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1215 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER 5.87 - MASSAGE ESTABLISHMENTS AND MASSAGISTS, AND TO CHAPTER 5.90 - MASSAGISTS PERMITS, OF TITLE 5 - BUSINESS TAXES, LICENSES, AND REGULATIONS, OF THE PALM DESERT MUNICIPAL CODE. Councilman Spiegel stated he would recuse himself from this item and left the Council Chamber. Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance No. 1215. Motion was seconded by Benson and carried by a 3-0-1 vote, with Spiegel ABSENT. XIV. NEW BUSINESS A. REQUEST FOR RATIFICATION OF AUTHORIZATION TO PROCEED WITH AN APPLICATION PROCESS FOR FILLING VACANCY IN THE TERM OF CITY COUNCILMAN RICHARD S. KELLY (NOVEMBER 2012) AND REQUEST FOR SETTING THE TIME FOR AN ADJOURNED CITY COUNCIL MEETING TO CONDUCT INTERVIEWS AND MAKE SAID APPOINTMENT. Mayor Finerty stated the Council received an updated staff report, which included questions for the Council, and also requested the meeting time for the appointment and/or special election on September 20, 2010. Mayor Pro Tem Ferguson asked if today was the meeting where the Council had to decide on whether to make an appointment or hold a special election. Mayor Finerty answered no, stating that decision will take place on September 20. She said today, the Council was being asked to decide what time to meet on September 20, when the Council will decide to appoint one 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 of the persons that applied or call for a special election. Additionally, the City Manager had five other considerations. Mr. Wohlmuth stated the revised staff report outlined the application process to fill the Palm Desert City Council Vacancy. He said staff started collecting applications beginning Tuesday, September 7, at 8:00 a.m. The application period was open until Monday, September 13 at noon, and somewhere between 1:00 and 5:00 p.m., the City Clerk's Office will deliver all the applications for consideration of the vacant seat to the City Council. He said if Council chose to ratify the application and interview process today, this meeting will need to be adjourned to Wednesday, September 15 at 8:30 a.m. and continue through Saturday, September 18, to conduct all the interviews. Staff will schedule interviews with applicants as feedback is received from Councilmembers on whom they wish to interview, and on September 20 the Council will decide on whether to appoint someone or hold a special election, which is the deadline date for the Council to make a decision under the Government Code. Since this was an appointment of an elected seat, the interviews/meetings would be open to the public. His first question was whether the Council wished to establish rules, such as candidates only attend their interview time in case the Council had standardized questions. Secondly, he asked if the Council wish to hold the interviews in the Council Chamber or Administrative Conference Room (ACR), noting the meetings will be recorded and minutes will be taken. Depending on the number of applicants, interview dates and time, all Council Members may not be able to attend all meetings. He understood Councilman Spiegel would be attending the League of California Cities Conference Wednesday through Friday, and if that was the case, he thought the Council might want to establish a list of consistent questions for all candidates. If so, each Councilmember could provide two questions to the City Clerk, so that a form with these questions can be provided with room for individual notes. Again, depending on the number of candidates, did the Council wish to hold second round interviews of the top candidates prior to the adjourned Monday, September 20 meeting. He also reminded the Council that unless three members were present to have a quorum, the meetings/interviews would have to be adjourned. Councilman Spiegel noted that when Councilman Kelly was in the hospital with his illness and diagnosed as terminal, Councilman Kelly asked Mary Helen Kelly to submit her name to take his place for the remainder of his term, and she answered yes. He confirmed he would be attending the League of California Cities Conference and would return on Friday, September 17, 2010. He said if any meetings took place in advance of that date, he would like to have a copy of the interview recordings before Monday, September 20, 2010, so that he would know what the applicants had to say. He also liked the idea of providing two questions for the interviews, so that all the applicants were asked the same thing. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 Councilmember Benson and Mayor Pro Tem Ferguson agreed to cancel any meetings already scheduled in order to conduct the interviews, because they felt this was important enough to attend. Mayor Finerty stated it would be unfair to have other candidates in the room when one applicant was being interviewed, because it wasn't done when the Council interviewed for Committee/Commission members. It was her preference to hold the interviews in the ACR, because the Council Chamber was too large a room. As for having a list of consistent questions for the applicants, she preferred not to have one, because depending on whom the applicant was, she may have different questions to pose. She said each Councilmember should be able to as whatever questions they wished. She asked her colleagues whether they wanted to hold second round of interviews of the top candidates; however, she didn't think there would be a need. Mayor Pro Tem Ferguson stated he agreed that tape recordings are provided for Councilman Spiegel, as he could appreciate having to juggle schedules. He said Councilman Spiegel could then listen to the tapes and fully be in a position to discuss the applicants on Monday, September 20. Also, he was sure all Councilmembers had received phone calls in past weeks from candidates with personal questions about their time constraints and potential for conflicts that he wasn't sure they would be comfortable sharing with the world at large. He agreed with the Mayor that applicants are present only for their own interview. He too preferred the Administrative Conference Room for holding the interviews and understood the room needed to be open to the public, because the City was a government agency. However, he disagreed that a set of questions needed to be provided, because each applicant had a different background and different set of things to bring to the job, and the Council will want to probe those areas depending on what each strengths and weaknesses, and he wouldn't want to be hand strung. He said the number of applicants and the quality of the resume will dictate when the interviews can be scheduled and whether a second round will be needed. Councilman Spiegel noted that currently there were eight applicants. Mayor Pro Tem Ferguson stated those eight applicants could be a strong eight or weak eight. Mayor Finerty stated that in 1995 when the City Council had a vacancy, there were more than forty applications, but only eleven were interviewed. The other issue was to set the time for September 20, 2010, to make the appointment or call for a special election. The Mayor suggested 2:00 p.m. Councilmember Benson, Councilman Spiegel, and Mayor Pro Tem Ferguson agreed to 2:00 p.m. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 Councilmember Benson agreed there could be specific questions depending on the applicant, but thought a list of generic questions could be asked of all at the beginning of the interview regarding their background, how long they've lived in Palm Desert, and why they applied. Mayor Finerty stated the application includes generic questions already, but suggested that Councilmember Benson prepare a list of generic questions she felt each candidate should be asked. Mayor Pro Tem Ferguson agreed, stating all Councilmembers can submit their two questions to the Mayor and those can be consolidated and possibly provided to the applicants. Mayor Finerty stated she strongly felt that applicants should not have a list of the questions, because there was no such list at Committee/Commission interviews. She said applicants can tell the Council everything there was to tell in the application and having gone through the interview process herself back in 1995, one needed to be at the top of their game when presented with questions. With regard to the tape recordings, she was in favor of the City Clerk producing them for Councilman Spiegel. Ms. Mendoza agreed to provide the tape recordings of the interviews. She asked how late she should schedule the interviews. Mayor Pro Tem Ferguson responded that as long as they were within the City's business hours, because he wouldn't want staff spending overtime hours unless there were so many applicants that it couldn't be done any other way. Mayor Finerty pointed out the Council had indicated that if it was an absolute necessity, the Council would make itself available on Saturday. Ms. Mendoza stated she would start scheduling the interviews at 8:30 a.m. in 30-minute increments, with the last one scheduled at approximately 3:30 p.m. in order to wrap up by 4:00 p.m. Mayor Finerty agreed. Mr. Wohlmuth stated staff could ask the applicants to only attend their interview time slot, but noted these were open public meetings and staff couldn't keep anyone out of the room. Mayor Finerty stated someone's husband/wife or friend may come and observe. Mr. Erwin stated that was correct. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 Mayor Pro Tem Ferguson announced to the candidate pool or those in the audience listening that they were welcomed to apply and it wasn't a game of "gotcha," because the Council recognized they would be volunteering their time, and it wasn't fun to sit through interviews. He said the questions weren't trick questions, and the public was welcome to participate and sit through them. He said the interviews will be casual and limited to 30 minutes. He looked forward to hearing the applicants' ideas and for them not to be intimidated or shy away from the process. Councilmember Benson stated that in her past experience, there was not a great audience. Mayor Finerty concurred. Councilman Spiegel suggested opening up the staff lounge area and setting up chairs in case there was an audience. Mayor Finerty stated it will be a learning process for all. Ms. Mendoza stated she understood there was a consensus to establish a rule for the applicants to exit following their interview, which can be related to the applicant when scheduling the interview. Mayor Finerty stated applicants were not to arrive before their interview time as well. Ms. Mendoza stated she also understood there was a consensus to hold the interviews in the Administrative Conference Room, City Clerk to provide copies of the interview tape recordings to Councilman Spiegel, Mayor Finerty will consolidate a list of the generic interview questions and provide it to the Council, and the adjourned September 20 meeting will be at 2:00 p.m. Mayor Finerty concurred. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Ratify the schedule for an Application and Appointment Process to fill the vacancy in the term of City Councilman Richard S. Kelly (November 2012); 2) adjourn the regular City Council meeting of September 9, 2010, to Wednesday, September 15, 16, and 17, 2010, at 8:30 a.m., in the Administrative Conference Room to conduct interviews to fill the City Council Vacancy; 3) establish guidelines for candidates to only attend the meeting during their interview time; 4) Mayor Finerty will provide generic interview questions that the Council can use as a guide; 5) at the conclusion of all interviews, Council to adjourn to Monday, September 20, 2010, at 2:00 p.m. to make final determination on whether to make an appointment to the City Council or hold a special election; 6) City Clerk to provide a copy of interview recordings to Councilman Spiegel. Motion was seconded by Benson and carried by a 4-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 B. REQUEST FOR AUTHORIZATION FOR THE DIRECTOR OF COMMUNITY DEVELOPMENT TO REDUCE THE TRUST DEPOSIT FEE OF $2,915 TO $1,500 FOR PROCESSING OF A CONDITIONAL USE PERMIT (CUP) FOR A NON-PROFIT ORGANIZATION TO OPERATE A BRIDGE CARD - PLAYING FACILITY LOCATED AT 74-836 TECHNOLOGY DRIVE, SUITE NO. 104 CASE NO. CUP 10-274 (Coachella Valley Bridge Foundation, Applicant). Councilman Spiegel moved to, by Minute Motion, authorize reduction of the processing deposit for CUP 10-274 to $1,500 for a non-profit organization bridge card -playing facility in a Planned Community Development zone. Motion was seconded by Ferguson. MS. BEVERY HARTIN stated Lousie Kermode was supposed to be present, but had not arrived yet. She said they were requesting two allowances from the City Council; one, was to further reduce the fee and a cap of $500 for a Conditional Use Permit. Secondly, she asked for permission to occupy the facility pending approval of the Planning Commission's decision on the CUP Application. She recognized coming to the City Council was a risk, but they were in a bit of straits. As a volunteer, she represented the Coachella Valley Bridge Foundation, a charitable 501 c(3) non-profit organization. She understood it wouldn't be fair to ask the City for a waiver of the CUP process entirely; however, she believed they were a valued asset not only to the neighbors, but also a generator of revenue to the City by virtue of their consumer power. She said the Foundation would surpass the standards the City and neighbors would seek from a desired business citizen in this location. For more than a year she searched the Valley floor for a suitable and affordable location, and because the majority of their membership resided in Palm Desert, they wished to establish in Palm Desert. Other locations were too expensive or did not provide adequate parking. Last month, a venue opportunity presented itself at University Plaza, which was affordable and adjacent to The Hampton Inn. The Foundation was able to obtain an exchange agreement in services with The Hampton Inn by allowing them the use of the parking lot, and the Foundation will offer promotions to visiting bridge players and free games at the facility, which seemed to solve the issue with the CUP. She said this arrangement allowed the Foundation to procure a rental agreement with the University within their budget constraints. Last week they learned that their temporary and donated room, where they've been holding their bridge games, will no longer be available to them. They are currently homeless and unable to create a revenue stream through donations, which is desperately needed, while it awaits the Planning Commission meeting to consider the CUP on September 21, 2010. Most players are elders with special needs, and the Foundation would bring the game closer to them and offer some advantages that their nonprofit status could provide. The Foundation has a ride ship program and free games to fit those with income limitations, while accepting donations from those who 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 can afford to give. She said the subject location provides a safety factor by allowing seniors to avoid a commute on the Highway 111 corridor. The other segments of their population are the newly retired who are the consumers. The second favorite pastime for bridge players was rehashing hands, which they like doing over lunch, dinner, or a stop at Starbucks. She spoke with co -tenants Starbucks and Cook Liquor in the Plaza, and they are eager to have them take occupancy as they recognize what a consumer traffic they could bring; she had letters from them to that effect. Bridge players are currently attending games at St. Margaret's and various other senior centers across the Valley; the games are commercial and for profit. The capabilities of these facilities are limited and capacity is expected to be exceeded this season. Their first choice of location was the Joslyn Center Theater Auditorium; however, parking needs could not be safely accommodated. She said this request was a win -win -win for the City, because it was for senior residents, it will profit business owners, and benefit generations of future bridge players. She said approval of their request would be greatly appreciated and remembered by many. Mayor Finerty called for the vote, and the motion carried by a 4-0 vote. C. CONSIDERATION OF THE APPROVAL OF PERMANENTLY CONVERTING ONE TENNIS COURT AT CAHUILLA HILLS PARK INTO FOUR PICKLEBALL COURTS. Responding to question on the number of pickleball courts, Senior Management Analyst Ryan Stendell said there were two at Freedom Park, two at Civic Center Park, and two at Cahuilla Hills Park for a total of six. He said the dynamic of the pickleball community was almost a social dynamic as it was playing it. He said there was a need for four courts in one location, in order for a large group to play at one time, which is what the pickleball players had requested. Further responding, he said the courts at Freedom Park and Civic Center Park will remain flex play, where you can operate them for tennis or pickleball. Mayor Finerty asked how many pickleball courts were currently at Cahuilla Hills Park. Councilman Spiegel answered two. Mayor Finerty stated she recalled the last time this issue was discussed, the tennis players were unhappy about losing a court to pickleball. Mr. Stendell stated he wasn't managing the facilities at that time, but in this particular case, he's spoken with Parks and Recreation staff, made some 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 observations, and determined this location was used the least amount for tennis play. Councilmember Benson asked if hours of play would be posted for tennis and pickleball. Mr. Stendell stated this evening's proposal was a request to permanently convert one tennis court to pickleball; therefore, there would be one tennis court and four pickleball courts at the Cahuilla Hills location. The rest of the existing facilities have hours of play posted, because they are flex courts and could go back to being dedicated tennis courts. He said staff will monitor the situation for a while. Mayor Finerty asked if the cost was $10,000 to repaint the lines for one court. Mr. Stendell responded the work entailed more than just re -painting the lines and preliminary bids received were between $7,000 and $8,000. He said staff wanted to ensure the funds would be available if it went out to bid. Further responding, he said funding would come out of Fund. Mr. Gibson confirmed there were no General Fund monies involved. Councilman Spiegel stated the Parks and Recreation Committee unanimously approved this item, which was why it came to the City Council. Councilmember Benson moved to, by Minute Motion: 1) Approve the permanent construction of one tennis court at Cahuilla Hills Park into four pickleball courts at a cost not to exceed $10,000; 2) authorize the Director of Finance to appropriate $10,000 from Unobligated Fund 430 - Park Funds to Account No. 430-4618-454-4001 - Citywide Park Improvements for this purpose. Motion was seconded by Spiegel and carried by a 4-0 vote. D. REQUEST FOR APPROVAL OF AN AGREEMENT WITH DESERT VALLEYS BUILDERS ASSOCIATION FOR THE INSTALLATION AND MAINTENANCE OF COMMUNITY DIRECTIONAL SIGNS, AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENT (CONTRACT NO. C30190). MR. MARK KNORRINGA stated he was the Chief Executive Officer of the Building Industry Association (BIA), Riverside County Desert Chapter, which covered the Riverside and Imperial County. He said they were the local kiosk directional sign partners and had been for some time. He said the BIA had 33 sign structures for which Palm Desert had issued encroachment permits, it had a staffed full-time office in Palm Desert as well as in their downtown Riverside Office, it maintained accounts in three financial institutions in Palm Desert, and employed a local bookkeeping service to 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 keep track of their sign revenues and other expenses. He said the BIA has been providing sign services to cities and builders for more than 20 years with more than 1,000 kiosk structures throughout Riverside County where they served 18 cities and all of the unincorporated areas. He said the BIA had three full-time employees that worked on the Kiosk Directional Sign Program and two sign companies that provided production, maintenance and installation, and other services. Six of their sign program companies/clients are directors on the Board; two of those companies, KB Home and D.R. Horton are supporting Palm Desert's continuing relationship with the BIA's Kiosk Directional Sign Program and opposing the new vendor. He said the BIA has been at this for a long time and has been successful with happy clients in the building community as well as the municipal jurisdictions. He said the BIA would like to continue to provide the service to the City and builders here in Palm Desert. MR. MIKE FREEMAN, KB HOME, Wildomar, CA, expressed his support for the Riverside County BIA and to request that this Council keep the existing signage program in place with the BIA and deny the request for ratification or authorization to proceed with the subject request. He said KB Home's has been building in Palm Desert and the surrounding Valley for at least two decades, and their most recent offering is the Kingston Court Community. He said they were extremely hopeful that once past the hot weather and into the traditional selling season that it will be a home run for KB and for the City. With their building activities over the years, they've employed many people in Palm Desert, and what they are trying to do as one of the big builders is to lead their way out of this recession by getting back to the business of building houses and employing people, local contractors, consulting companies, labor and sales agents, all of which reside and work here in the Valley. He said KB Home's has a close and long-standing relationship with the Riverside County BIA, in fact, their Division President Steve Ruffner was a past president of the Riverside County Building Industry Association for at least ten years. He said KB Home's was not affiliated with the Desert Valleys Builders Association (DVBA). His thoughts on the signage program for the Valley is that they rely on the BIA to manage the program on their behalf, enabling them to get the home buyer to their community, because without traffic, they cannot sell houses. It may be obvious, but home buyers are coming from many directions and over city line limits. The signage program is Valley wide and for purposes of consistency, the program should be kept with one organization, which is the Riverside County BIA. He said the BIA had been managing the program since the early 1980's and had done a dynamite job, and they hoped the program will remain with them. Councilman Spiegel stated it was his understanding that either Riverside or California BIA came to the local BIA and asked or took money from the reserve. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 MR. KNORRINGA responded there was no money taken from the Desert Chapter of the BIA. He said the Desert Chapter of the BIA agreed along with the Riverside County Chapter in 2007 or 2008 to contribute $100,000 to the parent organization; those funds were pledged and given, but not taken. Further responding to Councilman Spiegel's comment that it was a huge contribution, he said it was, however, the contribution was pledged on the part of the Desert Chapter Board of Directors. Mayor Pro Tem Ferguson stated it may be fair to observe that much of the success that the BIA was claiming credit for was created by the very people who were now part of this rival vendor and questioned what the Riverside Chapter BIA had specifically done for this Valley. He understood the BIA had an office and P.O. Box in Palm Desert, but what specifically had the BIA accomplished. MR. KNORRINGA responded the BIA was charged with taking over this territory starting June 1, and what they've tried to do since then was to maintain services, hold events, and rejuvenate the membership. His Deputy Director Bill Blankenship has been out in the Valley three days a week working with local elected and staff from a government affair standpoint. They haven't had a great deal of time, but they have done some things, like working with the City of La Quinta to keep a fee structure in place that allowed more buildings to be built and people put to work. Mr. Blankenship worked with the City of Imperial to maintain their sign program, but have not been able to pro -actively do a great deal that he could outline, but they've only been here for three or four months. In response to Mayor Pro Tem Ferguson's opening comment, he said when the Desert Chapter BIA was operating, it did a lot of great things. In fact, he knew many of the individuals like Mr. Noble who was in the audience and whom he had a great deal of respect; they became friends when they were both members and on the Board of Directors. He said the Desert Chapter did great things for a long period of time and wouldn't take any of that from them. However, a couple of years ago, their leadership decided they wanted to change directions, which was fine. Unfortunately, they did it in a way that was very damaging, but it has all been resolved. So to answer Mayor Pro Tem Ferguson's question, the BIA has tried to reestablish the good name of the BIA and pick up the good works on behalf of the communities, builders, and the workers that are living here in the Coachella Valley and Imperial Valley. He said the Riverside County Chapter, under his predecessor Mr. Borre Winckel, along with the Western Riverside County Chapter accomplished a number of good things. He said they've had a successful sign program for a long time in Western County, they serve eleven of the cities in the Western County as well as the unincorporated areas, and intend to migrate that success out here and build afresh on what the Desert Chapter folks had done. He asked the City Council to give the BIA a chance and a little bit of time, then ask what they have accomplished, and he would be glad to answer the question. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 Councilman Spiegel asked who received the $100,000. MR. KNORRINGA stated the $100,000 was deposited with their principal office, the parent organization. Without going into much detail, he said they have a structure that is a regional parent under which there were seven chapters, but now there are five because of the shrinkage of the industry. He said the parent organization asked for the money, and the request was considered by three chapters, the contribution was approved and conveyed to the principal office. He reiterated the money was not taken, seized, demanded, or in any way extorted or strong armed. MR. ALLAN LEVIN, Vice President of Associates for the Desert Valleys Builders Association (DVBA), Bishop Place, Palm Desert, CA, thanked City staff for their staff report, because it accurately represented the current situation and what the DVBA was asking Council to do. He said the DVBA was made up of local builders, developers, contractors, design professionals, and affiliated businesses that deal with improving and building out communities. He said in the audience was officers, board members, and members in support of their request who were willing to speak in support, but in the interest of time, he was acting on their behalf and on behalf of the DVBA. In 1995, the Desert was part of the Riverside organization. At that time, it was determined that the Desert was growing and the organization needed to focus on their own destiny. In 1995 they became their own chapter and since that time they have become all the things already discussed, which the Council knew about. He differed with the previous speaker's comment that the BIA had managed the sign program for fifteen years, because the people that administered the sign program were now part of the DVBA. He said the Council should have received a dozen number of letters from various builders and other associate members, and a majority of those members have offices in the City of Palm Desert. The DVBA's office was located in the City of Palm Desert and their employees are local. He said the sign program will be kept locally and managed locally, and all the revenue that stemmed from it will remain in the Valley and used for the various functions and activities they have always had, whether it is Building Horizon's or many other activities it sponsored. He asked the Council to support and approve their request and offered to answer any questions. Mayor Finerty asked for a show of hands on how many people in the audience were from the DVBA. MS. HELEN MCENERNEY, Inverness Avenue, Palm Desert, stated she was a fourteen -year member, a board member, and past president of the BIA Desert Chapter. Unfortunately, that entity no longer existed, but she was here today to support the DVBA and encourage Palm Desert City Council to accept staffs recommendation and support the local DVBA and its sign program. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 Mayor Pro Tem Ferguson stated that on paper it seemed like a fairly routine dispute with equal amounts of documents on either side and a routine neighborhood contest; he didn't mean to belittle the passion on both sides of this matter. When he was first on the Planning Commission in 1995, somebody unceremoniously reminded him he would be a referee for neighborhood disputes, and they were right. He said on paper that's how this situation appeared, but when he looked beyond the paper and looked at the people, it was no contest in his mind. Organizations are fundamentally, at its bedrock people, and those people make communities run. The people that have made this community run for years has been Phil Smith and Helen McEnerney, both of which were building in this desert before he was on the Planning Commission or City Council. He looked through the names on the list and recognized his banker, people he worked within the real estate community, and the developers; the who's who of the Valley. He knew these people had a long association with the BIA, and the BIA and these people were synonymous for years, but simply swapping labels didn't change those people. He didn't know much about the dispute between the BIA and DVBA or how it happened, but he knew the success that happened in this Valley happened because of those people. He believed City staff recognized the same, and he would be a fool not to follow staff's recommendation, take note of Coachella Valley Water District (CVWD) recognition of that, or the Coachella Valley Economic Partnership's (CVEP) recognition, an organization he chaired, which kept its pulse on the economic engine in this Valley. He realized his comments probably didn't sit well for the BIA's side of the dispute and apologized to Mr. Knorringa for that, but he did wish the organization well. He hoped there was a way the two organizations could find a way to patch the matter, but believed "the horses had left the barn" at this point. He said the Council needed to do what was best for the Valley, community, and its builders, and if Palm Desert was to succeed, the City had to continue that partnership and relationship, which is why he would move to affirm staff's recommendation and continue the kiosk program with the people that brought the success to the City thus far. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Approve the subject Agreement with Desert Valleys Builders Association (DVBA) for Installation and Maintenance of Community Directional Signs at locations throughout the City; 2) authorize the City Manager to execute the agreement. Motion was seconded by Spiegel. Mayor Finerty concurred, stating it was always better to keep things local, and then called for the vote. Ms. Mendoza announced the motion carried by a 4-0 vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 E. REQUEST FOR APPROVAL OF PAYMENT TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) IN THE AMOUNT OF $103,000 FOR THE OPERATION OF ROY'S DESERT RESOURCE CENTER. Councilman Spiegel moved to, by Minute Motion: 1) Approve payment to CVAG in the amount of $103,000 for the operation of Roy's Desert Resource Center; 2) appropriate funds in the amount of $103,000 from Account No. 110-4159-415-3630 for this purpose. Motion was seconded by Benson. Mayor Finerty stated this item, which was for $103,000, was not included in the City's budget and questioned how the Council can deny some groups and allow other groups to be funded. She asked if there was any other way that staff could come up with appropriating the funds other than from the General Fund, which was on the backs of the tax payers. Mr. Gibson stated he wasn't aware of any other way of finding the funds. He said he would take the blame for not budgeting it. Councilmember Benson noted this was a ten (10) year commitment when this came through Coachella Valley Association of Governments (CVAG) and Palm Desert was one of the first cities to approve the whole amount. Since then, some of the cities have increased their contribution; the City of Rancho Mirage's new councilmember was very persuasive to their council and raised its contribution from $50,000 to $103,000. She didn't know why it was left off the budget, because it was included in the one prior. Mayor Finerty stated she heard it was listed under "Dues" and somehow it got removed. She was wondering if there was another fund other than the General Fund that it could come from. She asked whether Roy's Resource Center did any recycling and whether or not Palm Desert Recycling Funds could be used for an entity that was not in Palm Desert, which was a suggestion the City Manager was going to research. Mr. Erwin answered no. Mayor Finerty asked if the Council would be guaranteed a budget surplus. Mr. Wohlmuth stated he didn't know that he could guarantee a surplus, and although Mr. Gibson took blame for not including this item in the budget last year under "Dues," it also wasn't listed under Charitable Contributions because of the commitment to Roy's Resource Center providing services to Palm Desert for the homeless. He said he would take as much blame as Mr. Gibson for not listing it under "Dues" this year, but it was never intended to be under "Charitable Contributions." Additionally, he said he couldn't guarantee a surplus at the end of the year, just like he couldn't guarantee 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 when the City would come out of this economy. However, so far this year, two employees have left through attrition, which was a savings of more than $180,000, so he anticipated a surplus, but it also depended upon revenues received. Mayor Finerty asked where should this item be listed in next year's budget. Mr. Wohlmuth stated it should come out of dues. Last year it was under CVAG Dues, because of the ten-year commitment to Roy's Resource Center. Mayor Finerty called for the vote and it carried by a 4-0 vote. F. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2011 CITYWIDE SLURRY SEAL PROJECT TO AMERICAN ASPHALT SOUTH, INC., IN THE AMOUNT OF $1,061,850 (CONTRACT NO. C30080, PROJECT NO. 751-11). Councilman Spiegel noted the award of contract would go to a company in Fontana, but there was no local company that put forth a recommendation. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract for Construction of the 2011 Citywide Slurry Seal Project to American Asphalt South, Inc., Fontana, California, in the amount of $1,061,850; 2) authorize the Mayor to execute said contract — funds are available in General Fund Account No. 110-4311-433-3320. Motion was seconded by Benson and carried by a 4-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO ASR CONSTRUCTORS, INC., IN THE AMOUNT OF $7,769,000 FOR CONSTRUCTION OF THE PALM DESERT AQUATIC CENTER (CONTRACT NO. C29400A) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). MR. JIM BARGER stated he was the number three bidder, and he filed a protest based on the specifications on Addendum No. 2, which required two things. First it required the general contractor possess an "A License," and secondly, it required that at least 50% of the work be done by the general contractor. He said he was at a disadvantage because he was unable to get the bidding documents for the two lowest bidders, but he knew the number two bidder did not have an "A License." He said just two hours ago, he was 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 able to obtain ASR Constructors, Inc. (ASR) bid documents, which he's been requesting since the first day it bid. If the Council reviewed the number of subcontractors listed, the work subbed out was well in excess of 50% and somewhere in the $4.4 million; he said 50% of their contract would have been $3.8 million. Additionally, ASR did not list their plumbing contractor on the list of subcontractors, and because ASR was not a licensed C36 Contractor, they couldn't be doing that work. They also did not list the sprinkler contractor, which is also required in the specifications. He said the way this thing was set up was unusual and actually a disadvantage for the City. He said he wasn't trying to get additional monies out of the City and thanked the Council for the opportunity to bid this project, but the difference between his bid and ASR was $1 million, and he didn't expect the City to shell out $1 million because someone made a mistake. Because of the way the specifications were written, the only company that could have qualified for this and could have done this project, would have been a pool contractor that had an "A License," because the majority of the aquatic project was pool work. By reviewing the listed subcontractors, and adding them up beginning with the pool contractors, which was $2 million, then adding the plumbing and electricians, the work that the general contractor couldn't do under their license, well exceeded the 50% requirement. His last concern, which may sound like sour grapes, was that Water Works, which was one of the contractors listed, was also involved with the company -named Aquarius that walked away from sixty pool projects in the Northern California area and didn't finish those jobs. The Contractor's Board sought to go after those guys, and two of those guys who are associated with this company were removed from the license and told they could remain with the company but not be involved with the licensing of the company. He said this company was working in Northern California, and they are spread pretty thin. He requested ASR be required to come up with a bond as a full contract in order to do this project, and since this was an aquatic center, the most important contract to the City would be the pool contractor. He came in as a general contractor and was prepared to bond the entire project as a pool contractor and general engineering contractor. Mr. Greenwood stated ASR was the apparent low bidder who submitted with their bid a breakdown of their subcontractors, which showed that ASR would be doing 53% of the work. Therefore, the company did qualify and met the requirements. Mayor/Chairman Finerty asked staff if they were aware of any knowledge of the alleged record in Northern California. Mr. Greenwood answered no, stating it may not be pertinent because this was a low bid environment, where the bid ruled. Further responding, he said ASR was the contractor for the new Police Department building on Gerald Ford and was told they did a good job. Having just taken a tour of the 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 building yesterday, he could verify that the facility came out very nicely. He said ASR was also the contractor for the Fire Station concrete driveway repair and staff's direct experience with them was outstanding. Councilman/Member Spiegel stated he and Mayor Pro TemNice Chairman Ferguson both had concerns about the concession and the ability to provide dual function for those inside and outside the facility where nice tables can be set up for City employees and those working in the Parkview Buildings. He would like staff to look into that aspect in a strong way, because concession sales could help the bottom line. Mr. Chen stated staff was working with the consultant to look at that issue, and that during the design phase, staff will make sure access is blocked off in the concession area. Mr. Wohlmuth stated the facility is designed to serve both in the Aquatic Center fenced area and outside facing toward the ball fields. However, the operation of the entire facility, the Request for Proposal for the operation hasn't been determined. He said obviously during the summer months when the pool was open substantially throughout the day, it would be an easy process to have the operators open to serve, but he wasn't sure the snack bar would be open year round. He said staff will work on this issue with the operator of the facility. Mayor Pro TemNice Chairman Ferguson stated he spoke with what could be a major tenant moving into the Brothers Building who expressed a strong concern in the decision to move there as to whether there would be food service available, and he mentioned specifically the Council's conversation. He said the Council may want to revisit or expand food service from that facility for the College, Civic Center, Sheriffs Station, and Brothers Building, so that people have a place to eat who aren't swimmers and possibly think about expanding hours of operation. The purpose is not to make money on concession sales, but to be able to enhance the rent base in some of the City's leased facilities and provide a convenience for employees, which may be worth looking into. Councilmember/Member Benson asked if that would be a concession that would be contracted out to provide the service. Mayor Pro Tem/Vice Chairman Ferguson stated the Council hadn't made a final decision, but he was hoping that when the City Council made the reshuffling of committees and commissions they served on, that there was an opening on the Aquatic Subcommittee, which the late Councilmember Richard Kelly served on. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 Mayor/Chairman Finerty asked when was construction anticipated to start if the contract was awarded this evening. Mr. Chen answered it would take two to three weeks to execute the contract, and once that was complete, the City can issue the Notice to Proceed. Further responding, he confirmed that within a month the project could be under construction. Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject contract to ASR Constructors, Inc., Riverside, California, for the base bid amount of $7,663,000; 2) select Alternates 2 through 5 in the additional amount of $106,000, for a total contract amount of $7,769,000; 3) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $776,900; 4) reject the protest raised by Pacific Custom Pools, Inc., Pasadena, Califomia; 5) authorize the Mayor to execute said contract — funds are available in Account No. 233-4549-454-4001 - Park and Recreation Facilities Fund; and Account No. 851-4549-454-4001 - Project Area No. 2 Aquatic Facility Capital Budget — no General Fund money is being used for this expenditure. Motion was seconded by Ferguson and carried by a 4-0 vote. Mr. Greenwood acknowledged that Mr. Chen exerted a great deal of effort into getting the project to this stage and deserved everyone's appreciation. Councilman/Member Spiegel congratulated and thanked Mr. Chen. Mr. Chen stated it was a team effort with other staff including the City Manager. Mayor/Chairman Finerty congratulated Mr. Chen's team on bringing the bid well under what it had planned to spend, and she appreciated the effort that went into it. She said with the College of the Desert's $1 million, the City was doing well with this project, and she commended Public Works and everyone's effort in this venture. B. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT TO THE LOWEST RESPONSIVE BIDDER FOR THE PALM DESERT VISITOR CENTER TENANT IMPROVEMENTS AT 73-470 EL PASEO, SUITE NO. 14, PALM DESERT (CONTRACT NO. R30070) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilman/Member Spiegel noted Orr Builders came in $18 dollars under the next lowest bidder, but the company was local. Redevelopment Manager Martin Alvarez stated an updated staff report was provided to the Council, which indicated three bids were received on September 7, 2010. The apparent low bidder was Orr Builders in the amount 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 of $288,600.15. Given the fact that the bids were higher than staff anticipated, two options were provided to the Council for consideration. Option No. 1 rejects all bids and allows staff to work with the architect to value engineer the project and come up with savings in some of the design features. If that were the case, the bids would be returned to the contractors for new bids, and staff will then provide a recommendation to the Council on October 14, 2010. Mayor Pro Tem/Vice Chairman Ferguson questioned how staff could come in $2.4 million under on an Aquatic Center Project and be over by $88,000 on a simple storefront tenant improvement project that was budgeted for $200,000. He asked if the tenant improvements were that complex. Mr. Alvarez responded staff was trying to provide an aesthetic that matched the current Visitor Center, and being that the new location was on El Paseo, staff was trying to keep with the standard of the area. He said there was room for improvement, which staff recognized. He said staff can certainly work with the architect to skim back a little. Councilman/Member Spiegel noted there was a time line to begin construction mid September and complete construction mid November, which was important because that's when the shopping season started. Mayor/Chairman Finerty stated it would include spending an extra $88,000. Mayor Pro TemNice Chairman Ferguson inquired about the tenant improvements. Mr. Alvarez said an original staff report was provided to the Council, which had a floor plan with more details on what staff was trying to achieve. He reiterated that Option No. 1 was to reject all bids and allow staff to work with the architect to value engineer the project and return on October 14, 2010, with another award of contract. However, Option No. 1 would delay the project with commencement of construction until November 1 and complete by the end of the year. Option No. 2 would be to continue forward with the current bid at $288,600.15, which would allow for construction to begin mid September and complete the project in November. Mayor/Chairman Finerty asked how many restroomswere in the plans for the new Visitor Center, because she noticed part of the tenant improvements included an addition of a unisex public restroom. Mr. Alvarez responded there was an existing restroom in the current tenant improvements, and the addition of the restroom was for public use only with the secondary restroom for employees. Further responding, he said staff did 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 have a cost breakdown for all the bids, which he had a copy with him that could be passed around for the Council to view. Mr. McCarthy added that as part of the lease, the landlord had to do certain improvements in terms of demising the space, and he wasn't confident they would be able to deliver that space by mid September anyway, which may argue the point for the option of doing the value engineering and the redesign. Mayor/Chairman Finerty stated she personally would prefer to see all bids rejected and have it go out to bid. However, in the next staff report, she would like staff to provide the cost breakdown next to each component. Mayor Pro Tem/Vice Chairman Ferguson agreed with Councilman/Member Spiegel that the bids were not highballed, and it may get the same results. He just went to the opening of the Apple Store yesterday, next to Gucci, Juicy Couture, and Kate Spade, where there are tons of people. He didn't think the City would get a cheaper bid, and he would hate to miss part of the season hoping to shave dollars off a bid that may be as low as it's gonna' get. He was curious to hear what Visitor Center Manager Donna Gomez and Mr. Alvarez thought about moving forward. He knew Ms. Gomez didn't weigh in on policy issues, but certain she had a feeling on whether or not things could get done irrespectively of price and allow Council to make the tough call on the price. Mr. Alvarez pointed that with Option No. 2, if the contract was awarded to Orr Builders, staff still had an opportunity to work with the contractor to value engineer certain portions of the project and still provide cost -savings as it went through the construction, which will allow staff to proceed and not delay the project. Mayor Pro TemNice Chairman Ferguson asked what that meant in English. Mr. Alvarez explained the Council could award the contract today, and staff will make minor design changes to still save money on the project. Councilmember/Member Benson stated sometimes the City can be a penny wise or penny foolish, noting November was a terrific visitor month here in the desert. She said there were so many family gatherings that brought people to Palm Desert that the City could be cutting off its nose despite its face. She was in favor of moving forward as long as staff was willing to work with Orr Builders to get the cost down. Visitor Center Manager Donna Gomez agreed, stating she would love to be open by November, especially for the Thanksgiving Holiday. She said by looking at some basic numbers, the City would lose some revenue if the 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 Center wasn't open by November, especially at that location. Last year in November the Visitor Center made about $12,000 in revenue and $15,000 in December. Mayor/Chairman Finerty asked if staff was confident the tenant improvements would be complete in time to accommodate a November 15 opening. Ms. Gomez responded that if the proposed contract was awarded today, she believed the deadline could be met. Further responding, she was also confident in working with Orr Builders to reduce the cost. Councilman/Member Spiegel moved to, by Minute Motion: 1) Authorize the Chairman to execute the subject contract with Orr Builders, Palm Desert, California, in the amount not to exceed $288,600.15 for Tenant Improvement for the new Visitor Center to be located at 73-470 El Paseo, Suite No. 14; 2) authorize staff to work with the contractor to value engineer the project in order to reduce costs; 3) authorize the Director of Finance to set aside a 10% contingency for the project; 4) appropriate funds from the Agency's Economic Development Rental Services/Facilities Fees Unobligated Funds to Account No. 850-4430-422-3421 for the project. Motion was seconded by Ferguson and carried by a 4-0 vote. C. REQUEST FOR AUTHORIZATION FOR STAFF TO DISCONTINUE THE MONTHLY INSPECTIONS AT STONE EAGLE GOLF COURSE AND REVERT TO QUARTERLY INSPECTIONS AS NECESSARY PER THE MAINTENANCE AGREEMENT. Councilman Spiegel asked if there were any more complaints from residents that lived below Stone Eagle. Mr. Greenwood answered not lately. He said there was a persistent resident who was not happy and may never be, but the water test spoke for itself. He said there had been 100% survival rate for the three years it has been testing, so the water was very clean. Councilman Spiegel moved to, by Minute Motion, authorize staff to discontinue the monthly inspections at Stone Eagle Golf Course and revert to quarterly inspections as necessary per the Maintenance Agreement (Contract No. C28130). Motion was seconded by Benson and carried by a 4-0 vote. XVII. PUBLIC HEARINGS None 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Window Siqnaae in Convenience Stores - Mr. Wohlmuth provided a copy of the memo he received from Director of Planning Lauri Aylaian to the City Council. He said Code Enforcement and hopefully the Community Oriented Policing Officer will be working with convenience stores by visiting and informing them of the dangers of having their windows covered, which was contrary to what the local newspaper reported. He said direction to staff was not necessarily to go out to inform all businesses, like furniture or golf stores, or to start enforcing an existing ordinance, but there is a public safety component for convenience stores and liquor stores. Councilman Spiegel requested a representative from The Desert Sun receive a copy of the subject memo. B. CITY ATTORNEY None C. CITY CLERK 1. Ms. Mendoza reminded the Council that this meeting would be adjourned to Wednesday, September 15, 2010, at 8:30 a.m. in the Administrative Conference Room (ACR) to conduct interviews to fill the City Council Vacancy. Councilmembers so noted the reminder. 2. Announcement of City Council Study Session at 11:00 a.m. on Thursday, September 23, 2010, at the UCR-Palm Desert Graduate Center, 75080 Frank Sinatra Drive, Palm Desert, in order to meet new Chancellor of The University of California, Riverside, Tim White. Ms. Mendoza made the subject announcement and Councilmembers so noted. D. PUBLIC SAFETY o Fire Department None 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of the Reassignment of City Council Committee/Commission Liaison Appointments. Councilman Spiegel suggested waiting until the Council decided on filling Councilman Kelly's vacancy. Councilmember Benson agreed, stating the alternates on each of the committees could handle it until the Council decided what to do about the vacancy. She said she attended the Housing Committee and would be happy to continue with it. She noted a committee was missing, which was the subcommittee to the Carlos Ortega Villas, which was brought up at the Housing Authority Commission meeting where they appointed their chairman as one of the members of that committee. Mayor Pro Tem Ferguson stated that after reviewing the list, he didn't see a problem in holding off. With City Council concurrence, this item was continued. o City Council Consideration of Travel Requests and Reports: None o City Council Committee Reports: None o City Council Comments: 1. Animal Campus Adoption Fees - Councilmember Benson stated she was astounded to find out the City of Palm Desert was not paying for adoption fees from the Animal Campus. When the adoption fees were originally approved, she thought they would continue to be paid, but learned they are not included in this year's budget. She spoke to the City Manger 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 about it, and he is looking for funds to re -institute the adoption fees. She said if there was no objection, the City Manager will follow through on this. She said it wasn't a huge amount of money, but it was to the Animal Campus. Mr. Wohlmuth stated the City has an Animal Service Budget within the Budget, and a contract with Riverside County Animal Control that provided both the shelter and enforcement aspect, and the City normally included a contingency fee. He is presently analyzing that account and hopefully the funds are available. He asked if the Council wished for staff to return to Council with this item, even if he identified the funds were available. He said the amount would probably not exceed his authority, but he will report to the Council on whether or not the adoption fees will be paid with this budget; he expected he would find the funds. Mayor Pro Tem Ferguson asked how will the residents know that adoption fees are covered. Mr. Wohlmuth responded the information can be published in the City's Bright Side. Councilmember Benson stated Ms. Blake Herzog with The Desert Sun would be happy to publish another article on adoption fees, since she published one for the City of Rancho Mirage. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Benson, and 4-0 vote of the City Council, Mayor Finerty adjourned the meeting at 5:37 p.m. to Wednesday, September 15, 2010, at 8:30 a.m., in the Administrative Conference Room. ATTEST: GR'i4CE L. MENDOZA, DEPUTY CLERK CITY OF PALM DESERT, CALIFORNIA CINDY FINERTY, MAYOR J 27