HomeMy WebLinkAboutDirection - Installation of the Palm Desert Aquatic Center Dedication PlaqueCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: Direct City Staff to Install Aquatic Center Plaque
SUBMITTED BY: John M. Wohlmuth, City Manager
DATE: July 14, 2011
CONTENTS: Copy of "mock-up" of Palm Desert Aquatic Center dedication plaque
Invoice from J. L. Endicott for plaque
Copy of Library Dedication Plaque
Copy of Health Sciences Building plaque
Minutes from September 9, 2011 City Council Meeting
Minutes from March 28, 1996 City Council Meeting
Recommendation
By Minute Motion, direct staff to install Aquatic Center plaque purchased May 6,
2011, at the entry to the Aquatic Center.
Background
On April 29, 2011, the City Council reviewed a "mock-up" of the Palm Desert Aquatic
Center dedication plaque after the final budget workshop. Other than a few grammatical
corrections, the four council members present approved the "mock-up". Shortly after the
"mock-up" was approved, the City Clerk and Public Works staff received three bids to
provide the plaque. On or about May 6, 2011, the final plaque was ordered by the City
from J. L. Endicott, of Pioneertown, CA, at a cost of $1893.86 for a dedication in late May
2011 or early June 2011, the plan at the time.
Since the unveiling of the plaque on June 25, 2011 at the Palm Desert Aquatic Center
Grand Opening event, one council member requested the plaque be redone and one
council member not recalling or approving the "mock-up". Due to this request, questions
have been asked and suggestions made that the City has a policy regarding this matter.
Staff searched for such a policy, and no written policy could be located. Staff believes
that such a policy is probably verbal or a consensus of Council discussions at that time.
Staff Report
Dedication Plaque for the
July 14, 2011
Page No. 2
Palm Desert Aquatic Center
Staff did locate Minutes from the March 28, 1996 Council meeting discussing the plaque
for the Palm Desert/COD Multi Agency Library. The Minutes are attached for Council
review. In these Minutes, then Council Member Crites made a motion to direct the
plaque for the Multi Agency Library to include the names of the person who was Mayor
when construction was approved as well as all those individuals who were members of
the Council during the planning and construction of the Library. This motion was carried
4-0-1. The resulting plaque for the Multi Agency Library is also attached for Council
review as well as photos of other plaques dedicated over the last few years.
The Aquatic Center dedication plaque has not been placed on the Aquatic Center
building. Staff will delay installation until the resolution of this matter and Council
direction.
For further information, provided are the Minutes from the September 9, 2010 Council
meeting awarding the construction contract to ASR Constructors, Inc.
Fiscal Analysis
If the plaque is to be redone, a new plaque would cost approximately $2,000.
Submitted By:
Wohlmuth, City Manager
CITY COUNCILA� ON
APPROVED DENIED
RECEIVED OTHER
MEETING DATE - ,
AYES:
NOES:
ABSENT. ._
A13STAIN:
VERIFIED BY. -
Original on File with City erk's Office
Palm Desert Aquatic Center
Dedicated June 2011
To the Citizens and Community of Palm Desert
Palm Desert City Council
Current
Jean M. Benson, Mayor
Robert A. Spiegel, Mayor Pro Tem
Cindy Finerty, Councilmember
Jan C. Harnik, Councilmember
William R. Kroonen, Councilmember
Former
Jim Ferguson, Councilmember
Richard S. Kelly, Councilmember
John M. Wohlmuth, City Manager
Mark Greenwood, P.E., Director of Public Works
Bo Chen, P.E., City Engineer
Terry Cechin, Construction Supervisor
18"x28"
J.L.ENDICOTT
760.360,1606 tel • 760.360.4476 fax
www.endicottenterprises.com
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IV
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
IN
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, Sheriff's 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 TemNice 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, California; 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`
PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 28, 1996
XII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION
A. EXECUTIVE DIRECTOR
Mr. Ortega noted that several informational reports had been forwarded to the Agency Board
relative to the Fuel Cell Program.
B. AGENCY COUNSEL
Mr. Ortega requested a Closed Session at an appropriate time to consider the following items:
Conference with Real Property Negotiator pursuant to Section 54956.8:
1) Property:
APN: 627-101-015
Negotiating Parties:
Agency: Carlos Ortega
Property Owner: Arlene Spencer
Under negotiation: x Price x Terms of Payment
2) Property: South side of Fred Waring between San Pablo and San Anselmo
APN: 627-041-009
Negotiating Parties:
Agency: Carlos Ortega
Property Owner: Jay A. Wahlin and Kristine M. Wahlin
Under negotiation: x Price x Terms of Payment
C. AGENCY SECRETARY
1. Consideration of Policy for Plaques for City and Redevelopment Agency Facilities.
Mrs. Gilligan noted that there was a policy for both the City Council and the
Redevelopment Agency wherein plaques for various projects included the name of
the individual who was Mayor/Chairman at the time construction of that project was
approved. She said that due to construction of several current projects, a some
members had requested that this matter be brought up to determine whether the
policy should remain the same.
Member Kelly stated that while he was not concerned about whose name appeared
on the plaques as Mayor/Chairman, he would be concerned if the plaques did not
include the names of Councilmembers/Members who are currently in office.
Member Crites suggested that the plaques show the names of those individuals who
were on the Council/Agency Board during both planning and construction. With
4
PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 28, 1996
regard to the Multi Agency Library project, he said he felt past Councilman S. Roy
Wilson did as much on that project as any other Councilmember.
Member Kelly said he felt the permanent policy should be that the current
Councilmembers/Members names should be on the plaque.
Member Crites disagreed because someone could work on a project for many years
and then be off the Council/Board when the project is dedicated and thus not
receive any credit at all.
Chairman Snyder suggested that a committee be formed to look at this policy.
Mrs. Gilligan noted that with regard to the plaque for the Multi Agency Library,
there was not time for a committee to look into that matter.
Member Crites moved to, by Minute Motion, direct that the plaque for the Multi Agency Library
include the name of the person who was Mayor when construction was approved as well as the names of
all those individuals who were members of the Council during both the planning and construction of the
Library (a total of six names -- the five current Councilmembers as well as S. Roy Wilson). Motion was
seconded by Benson and carried by a 4-0-1 vote, with Member Spiegel ABSTAINING.
With Agency Board concurrence, staff was directed to form a committee to look at this policy and
make recommendations to the City Council/Agency Board.
D. CHAIRMAN AND MEMBERS OF THE AGENCY
None
XIII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. CONSIDERATION OF APPOINTMENT TO THE REDEVELOPMENT AGENCY
HOUSING ADVISORY COMMITTEE (Continued from the Meeting of March 14, 1996).
Member Benson moved to continue this matter to the meeting of April 11, 1996, due to the fact
that another application is expected to be received shortly. Motion was seconded by Spiegel and carried by
unanimous vote.
XIV. PUBLIC HEARINGS
None
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 1996
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4. Consideration of Policy for Plaques for City and Redevelopment Agency Facilities.
Councilman Crites moved to, by Minute Motion, direct that the plaque for the Multi Agency
Library include the name of the person who was Mayor when construction was approved as well as the
names of all those individuals who were members of the Council during both the planning and construction
of the Library (a total of six names -- the five current Councilmembers as well as S. Roy Wilson). Motion
was seconded by Benson and carried by a 4-0-1 vote, with Councilman Spiegel ABSTAINING.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Discussion of a Proposed Regional Sports Complex (Mayor Pro-Tempore
Richard S. Kelly).
Councilman Kelly stated his intention to bring this item to the Council at its meeting of April 25th,
as he will be out of town at the SCAG General Assembly Meeting on April 1 lth.
2. Consideration of Planning Commission Representation on the Section Four
Committee and Project Area Four Committee.
Councilman Kelly stated that he was asked by the Planning Commission to
consider having a representative of that Commission on the Project Area Four
Committee. He said he had discussed this with Mr. Ortega who felt it was a
good idea. In addition, he said it was found that there is not usually a
representative from the Redevelopment Agency present at the Planning
Commission meetings, and he suggested that a member of that department
provide quarterly reports to the Planning Commission as to what the Agency
is doing.
Councilman Crites moved to, by Minute Motion, direct that: 1) A member of the Planning
Commission be included on both the Section Four Committee and the Project Area Four Committee; 2) a
member of the Redevelopment Department attend the Planning Commission meetings to provide quarterly
reports to the Commission regarding what the Redevelopment Agency is doing. Motion was seconded by
Kelly and carried by unanimous vote.
3. Consideration of Endorsement of Senate Bill 1735 (Kelley)
Councilman Kelly stated that he would be testifying at the Senate
Transportation Commission meeting on April 16th, and he asked that the
Council officially endorse Senate Bill 1735.
Councilman Crites moved to, by Minute Motion, officially endorse Senate Bill 1735 (Kelley).
Motion was seconded by Kelly and carried by unanimous vote.
11
N MUTES
REGULAR PALM DESERT C1. t COUNCIL MEETING - APRIL 119 19%
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Councilman Crites suggested that the Council authorize the Mayor to send
a letter to Congressman Bono asking him for specifics of this request. He
rated that he had spoken with Catherine Bailey of Congressman Bono's staff
two weeks ago, and she indicated that the way the agreement was drafted was
that before any lands are conveyed to the tribe, there will be discussion with
the local jurisdictions involved and that the cities would have to agree to any
proposed land uses. He said the City had not received any requests
indicating the Tribal Council is interested in the land within the city of Palm
Desert.
Council concurred with authorizing the Mayor to send a letter to Congressman Bono asking for
specifics of this request.
2. Councilman Spiegel stated that he had recently visited the Desert Rose
Project on Fred Waring Drive and felt this was a terrific project. He said he
understood there were over 70 families interested in moving into this project.
He questioned why there had been that kind of response without any
advertising and felt it was because the project has the premier child care
center in the Coachella Valley. He noted that that child care center came
about at the direction of Councilmember Benson, and he asked that the
Council add an item to the Agenda for discussion of naming the child care
center in honor of Councilmember Benson.
Councilman Spiegel moved to add this item to the Agenda for discussion. Motion was seconded
by Crites and carried by unanimous vote.
Councilman Spiegel moved to, by Minute Motion, name the child care center at Desert Rose the
Jean Benson Child Care Center and direct staff to prepare the appropriate plaque to be displayed outside the
building.
Upon question by Councilman Crites, Mrs. Gilligan responded that while the
City had a policy for plaques and an unwritten policy relative to the naming
of streets, there was no policy for the naming of buildings.
Motion was seconded by Crites and carried by a 3-1 vote, with Councilmember Benson
ABSTAINING.
Councilmember Benson thanked the Council and stated that she considered
this an honor.
11
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Dedicated October 16, 2008
"Wherever the art of medicine is loved,
there its also a love of humanity-."
Hippocrates, ca.460 BC - ca. 375 BC
Participating Palmy Desert City Council Memiuers
Current
Mayor Jean M. Benson
Mayor Pra Teems Robert A. Spiegel
Councilmember Jim Ferguson
Councilmember Cindy Finerty
Councilmember, Richard S. Kelly
Former
Buford A. Crites
Walter 14. Snyder
S. Roy Wdson