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HomeMy WebLinkAboutPortola Cmnty Ctr Office Space Lease - Friends of the Dsrt Mtns CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT MODIFIED STAFF REPORT REQUEST: Authorize Friends of the Desert Mountains to Occupy Office Spaces 1 and 2 at the Portola Community Center on a Permanent Basis and Direct Staff to Update the Portola Community Center Leasing and Operating Policy and Investigate Budget Saving Measures SUBMITTED BY: John Wohlmuth, City Manager Frankie Riddle, Director of Speciat Programs DATE: September 24, 2009 CONTENTS: City Council Meeting Minutes of July 9, 2009 Recommendation: By Minute Motion, 1. Authorize Friends of the Desert Mountains to occupy o�Fice spaces 1 and 2 at the Portola Community Center on a permanent basis; and 2. Direct staff to update the Portola Community Center Leasing and Operating Policy; and 3. Investigate the interest of the tenant(s) to undertake the operation (secretarial, scheduling, janitorial services, landscaping, etc.) of the facility and terminate the Coachella Valley Recreation & Parks District Agreement ($53,000/yr) relative to the Portola Community Center's operation. Discussion: At its meeting of July 9, 2009, City Council approved the leasing of finro additional office spaces at the Portola Community Center to Friends of the Desert Mountains on a temporary basis and directed staff to review the current Portola Community Center Lease Policy. As noted above, staff's recommendation is to permanently lease office spaces 1 and 2 to Friends of the Desert Mountains at an annual cost of$5,130.00. At this time, staff does not have an amended lease policy; however, staff is requesting City Council direction relative to items 2 and 3 noted above in order to better implement long term changes and cost savings that are beneficial to the tenants, facility users, and the City. Currently, the City pays for all of the utilities (i.e. gas, electric, water, trash) as well as the costs associated with staffing the facility, building maintenance, and landscaping. CITY COUNCIL STAFF REPORT SEPTEMBER 24, 2009 PAGE 2 The annual operation costs have been estimated at approximately $80,000. Staff believes there is potential savings if the tenants provide the City and the community some of the services to operate the Portola Community Center such as custodial, secretarial, and community room reservations. Therefore, recommendation 3 should be reviewed and considered and brought back for Council action. Staff requests that City Council authorize Friends of the Desert Mountains to occupy office spaces 1 and 2 at the Portola Community Center on a permanent basis and direct staff to update the Portola Community Center Leasing and Operating Policy and investigate budget saving measures. Submitted By: Approval: � -`�--�--LJ Franki i dle hn M. Wohlmuth Director of Special Programs ity Manager CiTY COUNCILAC�ON .APPROVED DENiED_ - RECEIVED �� MEETI G DATE " � AYE3: � d f� _ �- ,, �` , •' < NOES: � ABSENTs G AB3TAINs VERIFIED BYs � Ori�inAl on FHte w►ttb Cit� rk's Ot�i� * By Minute Motion, authorized Friends of the Desert Mountains to occupy Office Space Nos. l and 2 at the Portola Co�unity Center on a permanent basis and to leave the policy and fee structure as it is presently. 5-0 ` ' � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009 D. REQUEST FOR EXTENSION AND AMENDMENT OF CONTRACT WITH COACHELLA VALLEY PRINTING GROUP FOR PRINTING OF TEN (10) ISSUES OF THE BRIGHTSIDE NEWSLETTER FOR FISCAL YEAR 2009-2010 (CONTRACT NO. C27841). Councilman Kelly moved to, by Minute Motion: 1)Approve a one-year extension of the subject contract for printing of the BrightSide newsletter for a total amount not to exceed $60,480 for FY 2009-2010; 2) amend the contract to reduce the number of issues from 12 to 10; 3) authorize the Mayor to execute said contract — funds are available in Account No. 110-4417-414-3610. Motion was seconded by Benson and carried by a 3-1 vote, with Ferguson voting NO and Spiegel ABSENT. E. REQUEST FOR APPROVAL OF AMENDED PORTOLA COMMUNITY `��� CENTER LEASE AGREEMENT. Councilman Ferguson stated he noticed in the last issue of the Brightside the City was advertising for applications to lease space. It was his understanding the Portola Community Center was currently fully occupied. Ms. Riddle responded the Council awarded two offices on a temporary basis to Friends of the Desert until June 30, 2009, and that's what staff was advertising for. Further responding, she said Council made the decision to award on a temporary basis in November. Councilman Ferguson asked if staff was under the impression that Council meant to kick Friends of the Desert out. Ms. Riddle answered yes, because the two offices were awarded on a temporary basis until June 30, 2009. Councilman Ferguson stated he would like to revisit that decision. Councilmember Benson thought it was given to the Historical Society with the Friends of the Desert having an office there. Ms. Riddle said Friends of the Desert already had three permanent offices there and two additional offices were awarded on a temporary basis for a total of five offices. She said the building had a total of seven offices, and it was her understanding or policy that the Community Center was supposed to be provided to as many nonprofit organizations in the community as possible. Councilman Ferguson questioned if thatwas a Council decision, because the Henderson Building was supposed to be available to as many nonprofit's as possible,yet it was largely dominated by the Chamber of Commerce. Friends of the Desert Mountains raised valuable funds that bought up space and saved City money. At a minimum, he thought Friends of the Desert should 15 r � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009 have been contacted before advertising. He said the City had three buildings that could be rented out to nonprofit groups; the Brothers Building, Portola Community Center, and the Henderson Building. He didn't mind that something as valuable as the Chamber took up a majority of the space at the Henderson Building or that Friends of the Desert Mountains took a disproportion amount of space in the Portola Community Center. He would like to revisit the discussion to whatever was said in November. Mayor Pro Tem Finerty recalled it was a fight to allow Friends of the Desert to get into the temporary offices, but they were vacant at the time. She thought staff would have at least contacted someone and asked if they wished to continue using those offices, and then allow Council to decide weather to allow them to stay or open it up for other nonprofit organizations instead of just advertising on an assumption. She asked Ms. Riddle if someone had contacted Friends of the Desert to ask if they wished to stay. Ms. Riddle answered no. Further responding regarding the advertisement, she said one application was received, but the organization didn't qualify. Councilmember Benson suggested that staff not receive any more applications until it checked with Friends of the Desert to see if they wanted the two offices. Mayor Pro Tem Finerty stated that perhaps this matter could be continued to the meeting in August, and in the meantime direct staff to contact Friends of the Desert and return to the Council with their answer, and then allow the Council to make a decision. Ms. Riddle responded staff could do that, but the item on the agenda was just to amend the lease to include the City's recycling policy. The Council could still make a decision as far as the two offices, but it shouldn't hold up the approval of the amended lease. Mayor Pro Tem Finerty stated what caught her eye was the information on page two of the staff report, where staff indicated they had advertised for the two offices occupied by Friends of the Desert Mountains in the July/August Brightside issue. Ms. Riddle stated thatwas meantto be additional information forthe Council, but had nothing to do with the recommendation for this item. Councilman Kelly stated approval on this item would amend the leases to include recycling for the Community Center. 16 1 ' MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009 Counciiman Kelly moved to, by Minute Motion, approve: 1) Amended Portola Community Center Lease Agreement; 2) Amended Leases with Friends of the Desert Mountains and the Palm Desert Historical Society for the Portola Community Center (Contract Nos. C29140 and C29150, respectively}, with further directed staff to return to the City Council on August 27, 2009, with a policy for the rental of office space at Portola Community Center. Motion was seconded by Ferguson. Councilman Ferguson asked what was the City doing with the recycling program at the Portola Community Center. Ms. Riddte responded that containers similar to what the City had were put in there, and staff was educating the tenants on the City's recycling program and trying to get them to participate because of AB839. Staff was trying to carry it out in all the city-owned buildings and facilities. Further responding, she said staff already started the implementation, but the lease had to be amended to include the recycling program with the Historical Society and Friends of the Desert. Councilman Ferguson suggested doing nothing until Friends of the Desert was contacted, because he's seen organizations be bumped out. He didn't like the current policy, which was why he firmly believed one needed to be set, and he was willing to do that on August 27, 2009. Mr. Wohlmuth recommended Council approve amending the leases for recycling and direct staff to look at the polices at the Portola Community Center in terms of leases, because the City significantly subsidized leases in that building with energy, maintenance, custodial,secretarial, reservations, and landscaping services. He said staff will return with a policy for Council to review on August 27, 2009. However, he was in possession of the City Council minutes of November 20, 2008, where Council specifically granted Friends of the Desert Mountains a month-to-month stay and not go pass June 30, 2009. He said perhaps that was one of the reasons staff went out to advertise. Mayor Pro Tem Finerty stated she recalled it was supposed to be month- to-month through June 30 and then Council was going to take a look at it. Mr. Wohlmuth replied that was not what the motion reflected. Councilman Ferguson reiterated that's why he wanted to revisit that decision this evening, and he was not blaming staff at all. He said Coachella Valley Association of Governments (CVAG) occupied a majority of the space at the Brother's Building, but it was an important institution and valuable to have there. He felt the same about the Chamber of Commerce taking a disproportion amount of space at the Henderson Building, but why the Council gave Friends of the Desert temporary quarters as opposed to permanent was beyond him, but he will go back and look at his notes. 17 r � ` � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 2009 However, at a minimum, given all that the Friends of the Desert had done, check to see what would work best for them before going out and advertise. In his opinion, it appeared the City was snubbing them and running an ad to replace them. He thought a better policy was needed for the Portola Community Center. Mayor Pro Tem Finerty called for the vote and it carried on a 4-0 vot� F. CONSIDERATION OF INFORMATIONAL REPORT R GARDING LAFCO 2009-04-4, THE REORGANIZATION TO INCLUDE ANNEXATION 89 (INDIO TRAILS) TO THE CITY OF INDIO AND CONCURRENT DETACHMENTS FROM THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT. Councilman Ferguson stated he represented Indio Trails two years ago and didn't believe he had a legal conflict, but probably an appearance of one. He said he would abstain on this item and left the Council Chamber. Assistant Planner Missy Grisa stated the City occasionally received notices from Riverside Local Agency Formation Commission (LAFCO) for the opportunity to either comment or request more information. The City had requested to reattached Sun City to Palm Desert's sphere of influence at the request of Sun City residents, and the proposed annexation of Indio Trails was directly north of Sun City Palm Desert. Staff was neither in favor nor against this project; this was strictly a policy decision. Staff was simply looking to see if the Council had comments so it could respond. If there were none, this will just be an informational report to the Council. Councilman Kelly noted Sun City had an active board and wondered if staff had asked them if they had any comments. Ms. Grisa responded it had not, but agreed to do so. Councilman Kelly said it seemed this whole annexation was set up to satisfy the people in that area because the annexation included five acres of commercial. He said the City needed to make sure Sun City residents were comfortable. Ms. Grisa pointed out that comments were required to be returned by July 30, 2009. She offered to contact the board of Sun City and either return to Council with their comments or forward them directly to LAFCO. Responding to question,she said ifthere were no comments to offer, nothing would be filed. Mr. Wohlmuth stated the City received many notices from LAFCO on potential annexations by other cities, and the City normally didn't comment. The only reason this item was on the agenda was because the Council 18 CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: Request for City Council Direction Pertaining to Leasing of Office Space to Friends of the Desert Mountains and Fee Structure at the Portola Community Center SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: September 24, 2009 CONTENTS: Cost Breakdown Recommendation: By Minute Motion, 1) Provide direction to staff relative to one of the following options: a. Restrict the number of office spaces that one organization may occupy to a maximum of three (3); or b. Do not place a restriction on the number of office spaces that one organization may occupy and allow Friends of the Desert Mountains to occupy five (5) offices within the Portola Community Center; and consider 2) Providing direction to staff relative to one of the following options: a. Direct staff to review existing fee structure for tenants and users of the Portola Community Center and return for City Council consideration; or b. Retain existing fee structure. Discussion: Recently, a request was made by Friends of the Desert Mountains to occupy additional offices at the Portola Community Center left vacant by the relocation of the Desert Cancer Foundation. This brought about discussion regarding the existing procedure restricting the number of offices any one organization may occupy within the Portola Community Center. The original intended use of the Portola Community Center was, in essence, to serve as an incubator for non-profit organizations in the start up phase of their operation. As such, the facility has assisted many non-profit organizations over the years to become established. In the past, other organizations have requested additional office space after moving in to accommodate their increased need for space but none have been allowed to occupy more than three offices. Leasing of office space was restricted to three offices in order to accommodate as many organizations as possible while providing sufficient space to meet start up needs. CITY COUNCIL STAFF REPORT SEPTEMBER 24, 2009 PAG E 2 Outlined below are some pros and cons of allowing one organization to occupy an unlimited number of offices vs. imposing a maximum occupancy of three offices by any one organization: PROS: CONS: ❑ Fewer organizations occupy building ❑ Narrowing of the community benefit ❑ Less administrative time ❑ Significant subsidizing of one organization ❑ Same revenue regardless of the ❑ Will only benefit one or finro organizations number of organizations leasing space ❑ Elimination of incubator office spaces for non-profits Prior to this issue, staff reviewed the operation costs associated with the Portola Community Center and considered proposing an increase in the lease rate as well as implementing a flat fee for temporary use of the facility; however, staff felt that with the economic downturn, proposing a fee increase at that time would have caused financial stress on the non-profits at a time when donations were very low. Given the proposed change in the number of offices an organization may occupy, staff felt that City Council should be aware of the financial cost to the City. To give Council an idea of the City's expenditures and revenue pertaining to the Portola Community Center, staff has prepared the following breakdown: There are currently two (2) tenants (Friends of the Desert Mountains and the Palm Desert Historical Society) that lease office space and approximately 31 other non-profit organizations and community groups that utilize the two large conference rooms at the Portola Community Center. Lease revenue and expenses of the Portola Community Center: REVENUE: 1. Friends of the Desert Mountains currently pays an annual lease rate of $12,150.00 for five office spaces; and 2. The Palm Desert Historical Society currently pays an annual lease rate of $2.00 for two office spaces. 3. Temporary use of the facility's two large community rooms by non-profit organizations and community groups is provided free of charge. Total Annual Revenue to the City: $12,152.00 EXPENSES: The approximate annual cost to operate the Portola Community Center is $80,000.00 (i.e., utilities, landscaping, building maintenance, and CVR&P District staff/Agreement). TOTAL DEFICIT TO OPERATE THE PORTOLA COMMUNITY CENTER: $67,848.00 Annually CITY COUNCIL STAFF REPORT SEPTEMBER 24, 2009 PAGE 3 As an example, staff prepared an analysis of expenses vs. use (attached) to determine the actual fee that tenants would pay for its actual use of the facility. The attached analysis only addresses the tenants of the facility, not the temporary facility users; however, if directed by City Council, staff would review the appropriate flat rate fee to establish for these users as well. Staff requests that City Council provide direction relative to the options noted in the recommendations above. 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