HomeMy WebLinkAbout1997-11-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, NOVEMBER 13, 1997
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I. CALL TO ORDER
Mayor Kelly convened the meeting at 4:07 p.m. for joint Oral Communications with the
Redevelopment Agency.
H. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel
III. INVOCATION - Councilman Walter H. Snyder
IV. ROLL CALL
Present:
Mayor Pro Tempore Benson arrived at 5:55 p.m.
Councilman Buford A. Crites
Councilman Walter H. Snyder
Councilman Robert A. Spiegel
Mayor Richard S. Kelly
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, Director of Community Affairs/City Clerk
John M. Wohlmuth, ACM/Director of Administrative Services
Carlos L. Ortega, RDA Executive Director
Patrick Conlon, Director of Building and Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance
Lisa V. Constande, Environmental Conservation Manager
Gloria Darling, Human Resources Manager
Joseph S. Gaugush, Engineering Manager
Gregg Holtz, Engineering Manager
Teresa LaRocca, Housing Programs Coordinator
David Yrigoyen, Redevelopment Agency Manager
Rudy Acosta, RDA Project Manager
Steve Smith, Planning Manager
Martin Alvarez, Assistant Planner
Dennis Coleman, RDA Analyst
Ray L. Janes, Management Analyst II
Rachelle D. Klassen, Records Technician
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 1997
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V. ORAL COMMUNICATIONS
None
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of October 23, 1997.
This item was held over for separate discussion under Section VII, Consent Items Held Over.
Please see this portion of the Minutes for discussion and action.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 21, 22, 23,
21PD Office Complex, 22PD Office Complex, and 23PD Office Complex.
Rec: Approve as presented.
C-1. CLAIM AGAINST TFIE CITY (#330) by Josephine M. Metz in an Unspecified Amount.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
C-2. CLAIM AGAINST THE CITY (#347) by Sondra Johnson in an Unspecified Amount.
This item was removed for separate discussion during Closed Session. Please see action taken
prior to Adjournment of this meeting.
C-3. CLAIM AGAINST THE CITY (#348) by Genevieve Court, LLC, in an Unspecified Amount.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
C-4. CLAIM AGAINST THE CITY (#349) by Elizabeth Green DBA Creative Spirit Ent. in the
Amount of $23,001.19.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
D. REQUEST FOR APPROVAL of Treasurer's Month -End Investment Report for Month Ending
September 30, 1997.
Rec: By Minute Motion, approve treasurer's month -end investment report for month
ending September 30, 1997.
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E. REQUEST FOR AUTHORIZATION of the Destruction of Files From the Department of
Building and Safety That Have Been Microfilmed. (September 1997)
Rec: Waive further reading and adopt Resolution No. 97-98, authorizing the Department
of Building and Safety the destruction of files that have been microfilmed.
F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C12760 Civic Center Picnic
Pavilions, City of Palm Desert.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
G. REQUEST FOR AUTHORIZATION of the Mayor to Execute an Emergency Only Contract
With Granite Construction for Emergency Construction Work Upon a Declared Emergency.
Rec: By Minute Motion, authorize the Mayor to execute an emergency only contract with
Granite Construction for emergency construction work upon a declared emergency
(Contract No. C13600).
H. REQUEST FOR APPROPRIATION of $17,250.00 From the Unobligated General Fund to
Implement an Ergonomic Replacement and Mitigation Fund Account.
I-1
This item was removed for separate discussion under Section VII, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
. Lt 1 i tic OF RESIGNATION from Maria Neatherton from the Palm Desert Parks and
Recreation Commission.
Rec: Receive with sincere regret.
I-2. LETTER OF RESIGNATION from Madelin Ferguson from the Palm Desert Library
Committee.
Rec: Receive with sincere regret.
J. REQUEST FOR AWARD OF CONTRACT for Bradley Electric Inc. For Converting the
Mobil Gas Station Electrical Service.
Rec: By Minute Motion: 1) Approve Contract No. C13610 with Bradley Electric Inc. for
the amount of $967.53 for the necessary work converting the Mobil Gas Station
overhead electrical service to underground; 2) authorize the Director of Finance to
appropriate $967.53 for the above contract from the unallocated Year 2000 reserves
(Fund 400).
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K. REQUEST FOR AWARD OF CONTRACT for Willdan Associates to Supply the City of Palm
Desert's Department of Building and Safety a Temporary Full Time Building Inspector.
This item was removed for separate discussion under Section VII, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
L. REQUEST FOR APPROVAL that Big Brothers & Big Sisters Renew Their Annual litase
Agreement With the Amendment That They Pay on a Monthly Basis (Contract No. C11961).
Rec: By Minute Motion, approve that the Big Brothers & Big Sisters renew their annual
lease agreement of Portola Community Center with the amendment that they pay on
a monthly basis. Monthly payment should be in the amount of $996.00 and due the
first of each month, commencing on December 1, 1997.
M.
REQUEST FOR ACCEPTANCE of Work for Contract No. C12980 for the Street
Improvements on Magnesia Falls Drive Between San Pablo Drive and Monterey Avenue.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
N. REQUEST OF FOR ACCEPTANCE of Work of Notice of Completion for Contract
No. C12840 for the Street Resurfacing on El Paseo.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
O. REQUEST FOR ACCEPTANCE of Work for Contract No. C13170 for the El Paseo Median
Island Artwork Lighting Improvements.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
P. REQUEST FOR AUTHORIZATION to Purchase Traffic Signal Controller Assembly for the
Intersection of Cook Street and Gerald Ford Drive.
Rec: By Minute Motion, authorize staff to purchase the traffic signal controller assembly
for the intersection of Cook Street and Gerald Ford Drive in an amount not to exceed
$12,500.00.
Q. REQUEST FOR APPROVAL of Program Supplement Agreement No. 008 to Master
Agreement No. SLTPP-5414 for Gerald Ford Drive (Project No. 666-97).
Rec: By Minute Motion, approve and execute Program Supplement No. 008 to Master
Agreement No. SLTPP-5414 for the State's Share of the Gerald Ford Drive Project
in the amount of $251,718.00.
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R-1. REQUEST FOR ACCEPTANCE of Work for the Street Improvements on Warner Trail
(Contract No. C12120, Project No. 640-97).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
R-2. REQUEST FOR ACCEPTANCE of Work for the Street Improvements on Hovley Lane East
Between Water Way and Eldorado Drive (Contract No. C12710, Project No. 628-97).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
S. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of
Stamped Concrete on Cook Street and Riviera (Contract No. C13620).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
T. REQUEST FOR APPROVAL of Change Order of $5,000 for Engineering with ASL
Consulting Engineers (Contract No. C12860).
This item was removed for separate discussion under Section VII, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
U. REQUEST FOR APPROVAL of Agreement for Law Enforcement Services Between the City
of Palm Desert and the County of Riverside Sheriff's Department (Contract No. C13630).
This item was removed for separate discussion under Section VII, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
V-1. REQUEST FOR APPROVAL of Change Order No. 1 to the Street Widening on Hovley Lane
East From Water Way to Eldorado (Contract No. C12710, Project No. 628-97).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract C12710 for the
additional A.C. pavement and aggregate base required for the completion of the
subject project in the amount of $849.25; 2) authorize the transfer of $849.25 from
contingency to base.
V-2. REQUEST FOR APPROVAL of Change Order No. 1 for the El Paseo Median Lighting
Project (Contract No. C13170, Project No. 631-97).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C13170 for the
additional construction bid items required for the completion of the El Paseo Median
Island Project in the amount of $3,143.64; 2) authorize the transfer of $3,143.64
from contingency to base.
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V-3. REQUEST FOR APPROVAL of Change Order No. 1 to the Street Improvements on Magnesia
Falls From San Pablo to Monterey Avenue (Contract No. C12980).
Rec: By Minute Motion: 1) Approve Change Order No. 1 for the additional A.C.
pavement and aggregate base required for the completion of the subject project in the
amount of $3,940.90 (Contract No. C12980, Project No. 670-97); 2) authorize the
transfer of $3,940.90 from contingency to base.
V-4. REQUEST FOR APPROVAL of Additional Funding Request of "Million Dollar Days"
Promotion - Final Invoice From Publicity Unlimited (Contract No. C11760, P.O. No. 4750).
This item was removed for separate discussion under Section VII, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
V-5. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C13060 and an
Additional Appropriation of $8,049.60 for the Production of the 1998 Community Calendar
Celebrating the City's 25th Anniversary.
This item was removed for separate discussion under Section VII, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
W. REQUEST FOR APPROVAL of Third Quarterly Report for the Urban Forester Contract.
Rec: By Minute Motion, approve the third quarterly report for the Urban Forester
Contract.
Mrs. Gilligan asked that Item A be held over for separate discussion under Section VII, Consent
Items Held Over. Councilman Crites asked that Item C-2 be held for separate discussion.
Councilman Spiegel asked that Items H, K, V-4 and V-5 be held for separate discussion. Mr. Diaz
requested Item T be held over. Mayor Kelly asked that Item U be separately discussed.
Upon a motion by Councilman Crites, second by Spiegel, the remainder of the Consent Calendar
was approved on a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
VII. CONSENT ITEMS HELD OVER
A. MINUTES of the Regular City Council Meeting of October 23, 1997.
Mrs. Gilligan requested the Minutes be continued to the meeting of December 11, 1997.
Councilman Spiegel moved to continue the Minutes of the Regular City Council Meeting,
October 23, 1997, to the meeting of December 11, 1997. Motion was seconded by Crites and carried by
a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
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H. REQUEST FOR APPROPRIATION of $17,250.00 From the Unobligated General Fund to
Implement an Ergonomic Replacement and Mitigation Fund Account.
Councilman Spiegel asked if this was enough funding to complete ergonomic replacement of
some 53 items (i.e. desks, chairs, desk accessories) throughout City Hall.
Mr. Diaz responded that staff was certain this would cover the expenses incurred in
implementing the recommended ergonomic modifications. He added that not all the
modifications required the purchase of new equipment, some merely were height and
positioning adjustments that can be made to the existing equipment. He said that as new
employees are hired, other changes may be requested later on in order to make their stations
ergonomically correct, but this amount is sufficient for the present employees. He said that
in comparison to the losses the City has experienced in the past due to carpal tunnel and other
ergonomic problems, this is a relatively minor expenditure, which the payback will certainly
surpass.
Councilman Spiegel moved to, by Minute Motion, appropriate $17,250.00 from the unobligated
general fund to implement an ergonomic replacement and mitigation fund account. Motion was seconded
by Snyder and carried by a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
K. REQUEST FOR AWARD OF CONTRACT for Willdan Associates to Supply the City of Palm
Desert's Department of Building and Safety a Temporary Full Time Building Inspector.
Councilman Spiegel asked why the City isn't hiring its own full-time inspector instead of
entering into this contract.
Mr. Conlon answered that as in the past, when a building boom is experienced in the City (this
is about the fourth cycle that he's been through with the City), outside help is employed to
handle this busy time. He stated with this particular contract, the inspector can be terminated
in 10 days if construction slows down or stops; we do not have to go through the process of
laying off City workers.
Councilman Spiegel moved to, by Minute Motion: 1) Approve contract with Wilidan Associates for
the amount of $70,400.00 to supply the City of Palm Desert's Department of Building and Safety with
one (1) temporary full-time building inspector; and, 2) Authorize the Director of Finance to appropriate
$70,400.00 from unallocated General Fund reserves. Motion was seconded by Kelly and carried by a 4-0
vote with Mayor Pro Tempore Benson ABSENT.
T. REQUEST FOR APPROVAL of Change Order of $5,000 for Engineering with ASL
Consulting Engineers (Contract No. C12860).
Mr. Diaz stated that this request contained an addition error; the correct amount of the change
order is $6,000.00.
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Councilman Crites moved to, by Minute Motion, approve Change Order in the amount of $6,000.00
for engineering with ASL Consulting Engineers (Contract No. C12860). Motion was seconded by Spiegel
and carried by a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
U. REQUEST FOR APPROVAL of Agreement for Law Enforcement Services Between the City
of Palm Desert and the County of Riverside Sheriff's Department (Contract No. C13630).
Mayor Kelly stated that he, as well as the new Council member coming on board, have some
ideas to incorporate in this contract (e.g. scheduling for 911), so he is asking that this item be
continued to the next meeting.
Mayor Kelly moved to continue this item to the regular meeting of December 11, 1997. Motion was
seconded by Crites and carried by a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
V-4. REQUEST FOR APPROVAL of Additional Funding Request of "Million Dollar Days"
Promotion - Final Invoice From Publicity Unlimited (Contract No. C11760, P.O. No. 4750).
Councilman Spiegel wanted to know if there was a way to measure how successful the "Million
Dollar Days" promotion had been. He wanted to know if Mr. Gibson had a way to access
information for how well our retail partners did in Palm Desert during the month of July to
determine if this is program should be continued in the future.
MR. GARY GOODSELL, representing the City's advertising and promotional contractor,
Publicity Unlimited, Rancho Mirage, CA, stated that one million "Palm Desert Dollars" were
printed. He said that after all were collected, there were over 100,000 redeemed, and there
was only one retailer who considered not participating in the future, but after more information
was provided them, they decided they will participate in future promotions. He said that they
have had more calls from businesses that did not participate this past summer who want to in
the future. He said the overall acceptance was wonderful— the only four minor problems
arising from retailers who said they got too many "dollars".
Councilman Spiegel stated that with the "dollars" redeemed (reflecting a 20% discount), this
amounted to approximately $500,000.00 worth of business. He asked how much of this figure
was "plus" business.
Mr. Gibson stated that once the report is received from Municipal Resource Consultants
(MRC), this past July can be compared to the prior year to determine whether an increase was
experienced.
Councilman Spiegel asked if 10 or 12 retail establishments who participated could be selected
to see how their totals this year compare to last and provide a report to Council.
Mr. Gibson said he would provide this.
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MR. LEON BENNETT, President of the Palm Desert Chamber of Commerce stated that if the
program is planned for 1998, and he sincerely hopes it is, the Chamber will build in a feedback
mechanism from the beginning of the program so the retailers can provide their input.
Councilman Spiegel moved to, by Minute Motion, approve Change Order No. 1 to Purchase Order
No. 4750, Contract No. C11760 with Publicity Unlimited in the amount of $1,301.33, in order to pay
the balance of the last invoice owed them for this past summer's "Million Dollar Days" promotion.
Motion was seconded by Snyder and carried by a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
V-5. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C13060 and an
Additional Appropriation of $8,049.60 for the Production of the 1998 Community Calendar
Celebrating the City's 25th Anniversary.
Councilman Spiegel stated that this is quite an additional amount for the Community Calendar
since over $34,000.00 has already been allocated for it. He questioned exactly how much use
it gets in most homes of our City.
Mrs. Gilligan responded that the $34,000.00 that was budgeted also includes postage;
therefore, the actual cost of the calendar is about $27,000.00. She added that this year, in
commemoration of the City's 25th Anniversary, we were trying to do something special. She
said we wanted the cover to reflect 25 years of success. She said the Committee has met
several times, including the Council's review where they said, "Do something special with
it!", and that is what we are doing.
MR. GARY GOODSELL of Publicity Unlimited, Rancho Mirage, CA, stated that the original
specifications for the calendar called for a certain weight of paper to be used. He said that in
order to use the foil stamp, a heavier weight cover stock must be used. He stated that the
cover stock increase amounts to $900.00, the foil stamp is $3,600.00, and roughly $2,900.00
is for new photography for 12 items to be featured in the calendar. He added that the
photography can be utilized for a variety of other promotional uses in the future.
Mayor Kelly stated that as far as usage in the community, he knows that people really like the
calendar, use it, he really uses it, and it is also a very good promotional item for the City. He
added that if a total of the money spent with CVB (approximately $2 million) was compared,
this is inexpensive for the return realized.
Councilman Spiegel moved to, by Minute Motion, approve Change Order No. 1 to Contract
No. C13060 with Publicity Unlimited for the 1998 Community Calendar and appropriate $8,049.60 to
Account No. 110-4416-414-3091. Motion was seconded by Snyder and carried by a 4-0 vote with Mayor
Pro Tempore Benson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 1997
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VIII. RESOLUTIONS
A. RESOLUTION NO. 97-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ESTABLISHING AN ANTI -VIOLENCE IN THE
WORKPLACE POLICY (Continued from the meeting of October 23, 1997).
Mr. Diaz requested that this item be continued to the regular City Council Meeting of
December 11, 1997.
Councilman Spiegel moved to continue Resolution No. 97-96, establishing an Anti -Violence in the
Workplace Policy, to the regular meeting of December 11, 1997. Motion was seconded by Snyder and
carried by a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
IX. ORDINANCES
For Introduction:
A. ORDINANCE NO. 855 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT AMENDING CHAPTER 2.52 OF THE MUNICIPAL CODE,
REGARDING THE PERSONNEL SYSTEM (Continued from the meeting of
October 23, 1997).
Mr. Diaz announced that Mr. Wohlmuth would be providing the report for this Ordinance.
Mr. Wohlmuth stated to the Council that before them was a revised Personnel System for the
City of Palm Desert including the policies and resolutions which have been passed over the last
couple of years and the Memorandums of Understanding (MOU's) with* the Palm Desert
Employees Organization (PDEO). He further stated that the primary problem with the
Ordinance is that it has not been significantly revised in approximately 14 years. He added that
there have been MOU's between the PDEO and the City of Palm Desert which have modified
benefits, and those modifications have not, to date, been reflected in the Ordinance. He added
that there also have been state and federal laws passed specifically over the last few years
which have significantly changed the Personnel System, and it is necessary to bring it up to
date.
Mr. Wohlmuth said that the process has been ongoing for the past 18 months. He stated that
meetings have been held with the PDEO and with all management staff. He went on to say
that in the Ordinance there are several changes which are outlined in the staff report. He
highlighted a few of these:
1) Vacation Accrual and Enforcement. He stated that currently we have a
maximum of two times the annual accrual within the Ordinance. He stated that
enforcement was difficult due to some problems in tracking. He said it is now
increased to three times the maximum accrual to be carried on the books, but
it will now be strictly enforced. This means that once an employee has met the
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three times' annual accrual, the employee will stop accruing until they fall
below that threshold.
2) Definition of Anniversary Date and Merit Eligibility Date. Mr. Wohlmuth said
that they have worked with the Finance Department to determine a date in
Human Resources which is consistent with the hire date and merit eligibility
date. He added that all advancements within the salary schedule are based on
merit. He said there was a perception that there were longevity advancements,
and this has been clarified within the advancement schedule in the Personnel
Ordinance so that all increases are based on merit.
3) "Y" Rating Defined. Mr. Wohlmuth stated that this has been a Council
concern at each budget session.
4) Recognized Holidays. Mr. Wohlmuth went on to say that the recognized
holidays are consistent with the agreed upon holidays in the MOU's signed with
the PDEO over the years.
5) Sick Leave. He said that sick leave has been modified.
6) Family Medical Leave Act (FMLA). He stated that this Ordinance puts the
City in compliance with FMLA as it pertains to maternity and pregnancy
disability.
7) Medical Disability Leave. He said that this has been added allowing employees
to accrue and to be on the benefit system for six months, and the long-term
disability (LTD) program remains in place.
8) Policies Referenced. He stated that all the policies which have been passed over
the last few months, including Family Medical Leave Act, Drug and Alcohol
Policy and the Harassment in the Workplace Policy are all now referenced
within this Ordinance. He added that the Anti -Violence in the Workplace
policy has not yet been approved, but hopefully will be in the near future.
9) Grievance and Disciplinary Review Process. Mr. Wohlmuth stated that at
Council's request over the last few years, the grievance and disciplinary review
processes have been clarified. He said that the process remains virtually the
same, but has been streamlined and easier to follow for both the employees and
management, and that it can be moved along in a consistent, fair and rapid
manner.
Mr. Wohlmuth stated that management has met and conferred with the PDEO in good faith on
several occasions. He said recently there were a couple of issues which have since been
— resolved. He said that the PDEO took a ballot vote on the Ordinance, and it was approved.
He added that most recently work was done on the Medical Disability section to clarify those
issues, and it is hoped that the new section within the Personnel Ordinance, as well as the
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Family Medical Leave Act, clarify those issues when employees receive disability benefits both
for themselves and their parents, spouse or children in the event of a major illness in their
family. He concluded by stating that staff is recommending passage of the Ordinance to second
reading, and he would be happy to answer any questions.
Councilman Spiegel questioned the staff report which stated,
"Most recently, the PDEO declined to attend or schedule a final meet and
confer meeting on the entire Ordinance, stating problems with their by-
laws and adequate attendance when requested to meet on non -compensated
time. Management believes we have met and conferred in good faith."
He asked if that meant they did not sign off on it, since Mr. Wohlmuth just said that they did
sign off on it.
Mr. Wohlmuth answered that there is a memo included in the packet from the PDEO Chair
to the City Manager indicating problems getting their membership together to vote on this.
He went on to say that when the staff report was prepared, they had not yet met to vote; but
since that time, as he indicated, they took a ballot. He added that there are some issues with
the PDEO, as Council would recall, there are some by-laws issues that management has agreed
to sit down and talk to them about. He said the City Manager has agreed to certain
modifications, one of which is the collection of dues. He went on to say that the PDEO is still
desiring, as he understands it, to hold their general membership meetings on compensated
time, and this is an issue where management has said that these meetings should be held on
non -compensated time. He added that since that memo, another memo was received from
PDEO indicating that they took a ballot, it passed, and they wanted confirmation that
management will sit down and discuss the other issues with them. As of today, he said, the
City Manager did meet with the PDEO Board, and as he understands it, resolved some of those
concerns.
Mr. Diaz added that the concern that the PDEO Board had was that perhaps management was
making some changes that were not anticipated because of the .breadth of the process and past
practice. He went on to say that the PDEO was concerned that management would not be open
to further discussion should an issue arise later. He said that he had assured them, and for the
record, the City will operate the way it has always operated, if the PDEO at any time wishes
to discuss an issue, the City will discuss it at that time. He added that it is impossible to
develop a "What If?" Ordinance, meaning one which will answer every potential "What if'?"
question that might come along. He concluded by saying that the PDEO did vote to approve
the Ordinance as is, he discussed it with them, they clarified everything on it, and that
management would be willing to meet and discuss any issue at any time, similar to the
procedure the City's been following for the past 25 years.
Councilman Spiegel asked if the outcome of the vote was known— how many ayes and noes.
Mr. Diaz stated that he did not know the percentage of the votes.
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Councilman Crites moved to waive further reading and pass Ordinance No. 855 to second reading.
Motion was seconded by Snyder and carried by a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
For Adoption:
None
X. NEW BUSINESS
A. REQUEST FOR APPROVAL CONTRACT NO. C13640 FOR SEASONAL DRIVER
CONTRACT FOR THE SHOPPER HOPPER.
Mayor Kelly asked about the proposed name change from Shopper Hopper to the Palm Desert
Trolley.
Ms. Constande reported that the second vehicle from SunLine has not arrived yet. She stated
that a memo was sent to everyone who participated stating all changes will be effective next
season in the interest of timeliness as well as cost effectiveness.
Councilman Spiegel moved to, by Minute Motion: 1) Approve Contract No. C13640 with the
SunLine Transit Agency for the operation of Route 51 (Shopper Hopper Route): operation and
maintenance of the Shopper Hopper for the period of November 25, 1997, through May 30, 1998; 2)
operational use of a driver for the City's Shopper Hopper and a second driver for a shuttle that is owned
by SunLine Transit Agency; and, 3) authorize Mayor to execute same. Motion was seconded by
Councilman Snyder and carried by a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
B. REQUEST FOR APPROVAL BY MARRIOTT FOR TWO 4-LIGHT SKY TRACER UNITS
NOVEMBER 22, 1997, FOR 1997 ENTREPRENEUR OF THE YEAR AWARDS.
Mr. Drell stated that our lighting ordinance specifically prohibits the use of sky tracer lights;
however, it provides opportunity for exception, when warranted, on a case -by -case basis. He
added that he felt it was something that needs to be closely monitored; he felt that people
visiting the desert did not expect to see this. He stated this would be the second exception for
this year; they had one use during the Bob Hope Chrysler Classic event earlier in 1997. He
stated staff is recommending allowing the Marriott one exception to the lighting ordinance per
year for the use of one sky tracer light unit, leaving it to their discretion for that one event in
the calendar year they feel warrants the use of these lights. He added that he felt the Ernst &
Young 1997 Entrepreneur of the Year Awards was a notable event which would merit such an
exception; however, their request was for two, four -light units, and staff is recommending
approval of one, four -light unit.
Councilman Crites asked if this request should be denied, based upon the one event per year
policy.
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Mr. Drell answered that since this policy was not in effect at the granting of the request for
the Bob Hope event, he is recommending that this request be approved, but that the policy be
instituted from this time forth.
MR. STEVE SPEACH, 30-245 San El Jay Avenue, Cathedral City, CA 92234, Director of
Catering for the Marriott's Desert Springs, addressed the Council. He said he felt it was
difficult to limit any type of request by a guest. He added that this does represent over 2,000
room -nights and one of the best customers at Desert Springs. He said that this is the first
request made by Desert Springs; there were tracer lights at the Bob Hope Chrysler Classic
event in January, but that request, he is assuming, was made by that organization, Desert
Springs was not involved in that decision. He said that while Desert Springs will adhere to
whatever policy is set by the Council, they would prefer to make application for exception to
this ordinance as needed on a case -by -case basis.
Councilman Crites stated that while the Bob Hope event is one of valley wide importance, and
if Council grants exception for this type of event, he feels this establishes the level of
prominence for granting such exceptions. He added that he has been and continues to be
offended by the lighting used by one of the local casinos-- it can be seen from 20 miles away,
from Anza on an overcast evening. He said that although he understands why people would
choose to have it, he feels this valley is better off without it, and therefore will vote for none
or for one a year of their choosing.
Councilman Spiegel said he agreed that too much light is a detriment to the valley. However,
he went on to say, this is for recognition of the Entrepreneur of the Year, and it will be
bringing many people to the Desert. He said he felt that to allow our, by far, largest hotelier
to have Kleig lights only one night per year, is not necessarily correct.
Councilman Snyder stated that he, too, was opposed to the use of these types of lights;
however, he does have great respect for Marriott's Desert Springs Hotel and the manner in
which it conducts business in our City. He said he believed they would not be asking for the
exception if it was not a proper event.
Councilman Spiegel moved to, by Minute Motion: 1) Approve one four -light sky tracer unit be used
for the night of the 1997 Entrepreneur of the Year Awards to be turned off by 10:00 p.m. as stated in the
request; and, 2) Establish a policy allowing the Director of Community Development to approve one night
of sky tracer use at the Marriott per year. Motion was seconded by Snyder and carried by a 3-1 vote with
Councilman Crites voting NO and Mayor Pro Tempore Benson ABSENT.
MR. LEON BENNETT, President, Palm Desert Chamber of Commerce, following the vote
stated that he wanted the Council to remember the impact of this decision on the City's tourism
industry. He said that the Marriott and our local hotels have a lot of competition in San Diego,
Arizona and other venues. He added that room -nights are very important to our City; we have
a tourism economy. He concluded by stating that when limits are set, such as this for one
event per year, and they tell their clients they can't do it, you may be tying their hands.
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Councilman Crites stated that we may be improving the climate for the kinds of business that
they bring here.
C. REOUE$T FOR APPROVAL OF A TEMPORARY USE PERMIT TO OPERATE KLEIG
LIGHTS AT FIVE (5) EVENTS BETWEEN NOVEMBER 15, 1997, AND APRIL 15, 1998,
AT EL CAFE DE MEXICO.
Mr. Drell stated that this request is similar to the above with regard to the lighting ordinance.
He stated staffs opinion is the use of these lights, per this request, warrant its denial. He
added that the applicant did not identify any special valley wide significance to these events
other than purely promotional for his restaurant.
Councilman Spiegel asked Mr. Drell if he had spoken with Mr. Downs.
Mr. Drell responded that the request was made for an advertising device for his restaurant.
He added that it would difficult for any event at a restaurant of this sort to reach the threshold
of significant importance to justify the use of these lights.
Mayor Kelly asked if the applicant was present to address these questions.
Councilman Spiegel stated that since the applicant was not present to address these concerns, he
would move, by Minute Motion, to deny the request per City policy. Motion was seconded by Mayor
Kelly and carried by a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
D. REQUEST FOR AWARD OF CONTRACT for Deep Canyon Road/Highway 111 Intersection
Realignment (Contract No. C12320).
Councilman Spiegel asked when the project would be finished.
Mr. Gaugush stated that the contract has a 90-day schedule; therefore, it would be completed
approximately early February 1998.
Councilman Spiegel moved to, by Minute Motion: 1) Award Contract No. C12320 to Granite
Construction Company of Indio, California, for the intersection realignment on Deep Canyon
Road/Highway 111 in the amount of $699,996.00, plus a ten percent contingency in the amount of
$69,999.60, and authorize the Mayor to execute the agreement; 2) Appropriate construction funding in
the amount of $769,995.60 from the Unobligated Measure "A" Fund Account to the project account.
Motion was seconded by Crites and carried by a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
E. REQUEST FOR APPROVAL of Expanded Home Improvement Program.
Councilman Crites stated he felt the restrictions on the amount of money, as well as the
timeframe— application to be made only once during a five-year period, were too burdensome.
He stated that it is very likely that ownership changes or a variety of other events could occur
which would make this program ineffective with the five-year limit; he added, he understands
the reason, it would be to cut cost. However, he added, fundamentally, the purpose of
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Redevelopment money is to provide this type of incentive for improvement. He went on to
say that he felt the program was cumbersome in that he counted 18 procedures an applicant
would have to go through which would discourage them from applying; he didn't feel we
would spend any money by the time we're through. He said he'd like to get a good feel for
the fact that someone comes in, and for the small amounts of money that they are seeking, they
should be able to receive an answer within a couple of days. Therefore, he said, he feels:
1) More money should be put towards the program; and, 2) Expand the area covered by the
program. He said he knows we cannot do everything at once, but the Palm Desert
Redevelopment Agency is the eighth most affluent Redevelopment Agency in California, and
he feels we can do better.
Mayor Kelly concurred with Councilman Crites' statements.
Ms. LaRocca addressed the concerns outlined above. She said that in regard to the funding
mechanism, we are not currently using Redevelopment funds at this time; the funds which are
designated for this project are Block Grant funds. She went on to say that if the Council
desired adding Redevelopment funds, this could be accomplished.
Councilman Crites stated this is what he means; this program is designed to restore homes to
a high quality state. In fact, he said, he feels this should be on our Redevelopment Agenda so
that we're using those funds, as well, and getting on with this program. He said perhaps this
should be continued so that staff can come back with a program that is more attractive and
comprehensive with the changes he has outlined.
Ms. LaRocca stated that staff would be happy to take a look at streamlining the procedures.
Councilman Spiegel stated that he thinks the "Make A Difference" program is sensational, it's
something we've needed and he appreciated Ms. LaRocca bringing it to them. He said he
spoke with Mr. Hart Ponder, Code Compliance Supervisor, and he would like very much to
work closely with Ms. LaRocca on this. He further stated that he liked the idea of bringing
volunteers together. He said that when he attended the recent League of California Cities in
San Francisco, he brought back a brochure for Mr. Ponder regarding similar, successful
volunteer programs in other cities in California. He stated that he feels this is a marvelous
start, but he would also like to see Code Enforcement involved, more dollars for the program
and possible inclusion of renters in the program. He said that the current program eligibility
requires ownership of and residence in the home— that does not take care of all the problems
in Palma Village, there are many renters in that area, and he would like to see them included
in the program.
Ms. LaRocca stated that she wholeheartedly concurred, this is the intention of the program in
the long term. She said that they wanted to start on a scale that they could adequately
maintain. She said discussions have occurred regarding programs in various cities including
Lemon Grove, Long Beach, Santa Ana, Fontana, etc. She went on to say that staff has tried
to incorporate the best parts of their respective programs to make a solid program for Palm
Desert. She stated that long term goals are to strengthen the program and branch into other
areas with other components.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 1997
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Councilman Snyder stated he was glad to see the work which has been done on this initial
program, it is something which we desperately need to do, and he is in favor of the program.
Ms. LaRocca stated that what is before the Council is but a sample of what is planned for
brochures and handouts. She stated that they intend to advertise in the Bright Side newsletter,
local newspapers and media to get the word out.
Councilman Spiegel stated he felt the Senior Center should be involved with their volunteer
program.
Ms. LaRocca added that staff is also counting on Code Enforcement for assistance with the
program.
Mayor Kelly said he agrees with continuing the matter and working it into a more expansive
program. He said he recently noticed a home for sale on Fred Waring; previous discussion
regarding substandard homes for sale, the Redevelopment Agency purchasing such properties,
restoring them to standard and placing them in affordable housing stock has been ongoing for
approximately 10 years. He asked if this aspect could be included in the Home Improvement
Program.
Mr. Ortega answered that the program can surely be expanded. However, he said, staff was
trying to get an initial program operating to provide a strong foundation for expansion. He
— added that a much broader program can be brought back to the Council. He added that the
person recently added to the Housing staff is under contract in order to get the program started
prior to creating a larger organization, but he said staff will proceed as Council directs —
including the rehabilitation and purchase, rehabilitation and resale. He noted that interestingly,
these topics were discussed at the Housing Committee yesterday. He said one of the things that
staff will be bringing back to the Council is the creation of a Housing Authority specifically
to handle all the aspects specified above. He added that as Council knows, Redevelopment is
currently negotiating purchase of all the rental units in Palm Desert that it currently subsidizes.
He said all of these can be incorporated into that organization, and this recommendation will
be coming to Council in the very near future.
Mayor Kelly said he would like to see this come to fruition in the near future. He added this
would accomplish three things with one program— clean up a neighborhood, get control of the
property for the future and provide affordable housing. He stated he would like to include
this intention in the motion.
Councilman Crites moved to, by Minute Motion, grant conceptual approval of the City's Home
Improvement Program, focus area No. 1 (Palma Village), and direct staff to come back to Council with
plans and timelines for expanding the program to the broader issues of purchase -rehabilitation -resale
program, inclusion of renters in the program, incorporating use of volunteers and City's Code
Enforcement department for the next regular meeting, December 11, 1997. Motion was seconded by
— Spiegel and carried by a 4-0 vote with Mayor Pro Tempore Benson ABSENT.
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F. INFORMATIONAL ITEMS:
1. Update on Interchanges:
a. I-10/Washington Street
b. I-10/Monterey Avenue
Mr. Gaugush stated that both railroad structures were removed as of last week. He
said Monterey Avenue is in its final pick up stage-- finish grading and stabilization
of slopes. He said that Washington Street is moving along very nicely,
approximately 76% complete, and that the next critical activity will be the
construction and erection of the false work over the freeway for the westerly bridge
section. He stated that staff considers everything to be progressing smoothly.
Mayor Kelly asked about the closure of Gerald Ford Drive.
Mr. Gaugush replied that the closure results from construction work on the Gerald
Ford Drive Extension from Portola Avenue to Cook Street. He said the elements
being constructed are the storm drain improvements and utility connections at the
intersection of Portola and Gerald Ford, and staff anticipates the closure through this
week and the middle of next week.
2. Progress Report on Retail Center Vacancies
Mr. Drell stated that some of the issues for this report are confidential leasing
matters, and he asked that they be discussed during Closed Session this evening.
3. Progress Report on Utility Deregulation
Mr. Wohlmuth stated that the special edition newsletter— an education tool for the
residents and small businesses, containing the survey, went out last week. He stated
that as of today, over 500 have been returned, indicatinghigh interest among the
residents and businesses, with many telephone calls coming into City Hall for
information on the surveys. He said the consultant is also moving forward to
identify options available for the City of Palm Desert and the Cove Communities,
and when these options are available to the Cove Communities, there are many gated
communities, businesses and residents who wish to be a part of the discussion. He
then provided the Council with a draft of the consultant's monthly report and a copy
of the special edition newsletter.
Mr. Wohlmuth stated that originally, November 14, 1997, had been the return dace
for the surveys; however, it has been extended, via press releases, to
November 21, 1997. He stated that every Friday for the next three weeks, the
surveys will be sent to the consultant for tabulation for the report to be presented in
December.
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XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
A. STATUS REPORT OF DE ANZA WAY NEIGHBORHOOD TRAFFIC CONTROL
SURVEY.
Mr. Gaugush noted the report in the Agenda packet, and that he would be happy to answer
questions.
Councilman Spiegel asked for confirmation of the percentage of response.
Mr. Gaugush replied that the percentage of response is about 36%, and it is staff's intent to
follow up with door-to-door inquiry to improve that response rate.
Councilman Spiegel noted that of the 36% of respondents, almost 85 % want some type of
traffic circle. He asked if it would make sense to proceed with Option 1 since the remainder
of the options all include Option 1.
Mr. Gaugush stated that the premise at this point is to receive maximum response, target being
70%, therefore the need for field visits to increase the current percentage.
Councilman Crites stated that if the 36% is typical of the 70%, Council should proceed today,
but if not, and Council proceeds, we will be in a situation of neighborhood dissatisfaction.
Councilman Snyder stated he felt staff should proceed with the door-to-door visits.
Councilman Spiegel asked if the results could be brought back to Council by the first meeting
in December.
Mr. Gaugush stated staff will make every effort to meet the deadline.
Council received the DeAnza Way Neighborhood Traffic Control Survey report but took no action.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1) Oral Report and Presentation From Palm Springs Cruisin' Association.
MR. ROSS MCMULLIN of the Palm Springs Cruisin' Association, 40-575 Vintana,
Palm Desert, CA addressed the Council in regard to their 11-year-old organization
and their monthly event held at the Desert Crossing Shopping Center, with their
permission for the past year and a half. He stated their group is comprised of
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 1997
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automobile and motorcycle enthusiasts in the Coachella Valley and surrounding area.
He said concern had been raised about the gathering they hold the first Saturday each
month, "Cruise Night" from 5:00 p.m. to 9:00 p.m., and their desire to continue
holding it in Palm Desert. He wanted to assure the Council of the group's family -
oriented nature and holding this monthly get-together for the camaraderie of their
members, the interest generated for shoppers at Desert Crossing, and their desire to
continue holding the event at this site do to its proximity in the valley and the
amenities offered to those attending. He welcomed the Council to attend one of their
upcoming events, and said he would be happy to answer any questions.
Councilman Crites asked if there were any problems locating the event in different
parts of the Desert Crossing Shopping Center.
MS. JOAN LOVEN, 100 South Sunrise Way, Palm Springs, CA, General Manager,
Desert Crossing Shopping Center, Palm Desert, CA, stated that their retailers are
very happy to have the center host this monthly get-together as an absolutely
wonderful family event. She said this event is a true drawing card for their Saturday
nights, as Saturday nights, especially from 5-9 p.m., are historically a poor trade
night due to participation in other activities by would-be shoppers. In fact, she said,
the merchants absolutely love the program; they were disappointed to think it might
close it or move it from the Target area— they all want it in front of their store. She
has spoken with Office Depot, at the opposite end of the center from Target, and all
of the tenants surrounding, including Kelly's Coffee, Hogi Yogi and SuperCuts, feel
like they just "won the game!" She concluded by stating that she, as a representative
for all the merchants in the center, pleads with the Council to allow this group to
continue to hold this event at Desert Crossing on the Office Depot side of the center.
Mayor Kelly asked staff if there was any problem locating the event in the proposed
site at the center and what permit process the group should access in order to do so.
Mr. Drell stated that his department is prepared to issue a Temporary Use Permit
(TUP) in order that Palm Springs Cruisin' Association might continue to hold their
event as described.
Mayor Kelly stated the City is always encouraging events of this type which will
attract shoppers to its retail centers, and that he, himself, enjoys this type of activity.
Mr. McMullin extended an invitation to Mayor Kelly to be the next "Honorable
Cruiser" for their next Cruise Night in December.
With Council concurrence, Mayor Kelly referred the matter to the Community Development
Department for issuance of a Temporary Use Permit for the event.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 1997
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B. CITY ATTORNEY
Mr. Erwin noted the items listed on the Agenda for Closed Session and requested a Closed
Session at an appropriate time.
1) Report and Action on Items from Closed Session Made at This Meeting.
2) Request for Closed Session
Conference with Legal Counsel - Anticipated Litigation pursuant to Government
Code Section 54956.9:
Significant exposure to litigation pursuant to subdivision (b):
Number of potential cases
C. CITY CLERK
1) Adjourned meeting for reorganization of City Council.
Mrs. Gilligan requested that the Council adjourn this evening's meetings to
11:00 a.m. on Monday, December 1, 1997, for the purpose of swearing in the
newly -elected Council members and reorganizing the City Council.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Councilman Spiegel stated that yesterday he learned 80 softball teams are
participating in a championship tournament organized by the Community Center
on Saturday, November 15, 1997, in the Little League Park. He asked if there
was a way for the City to be informed of events like this so that promotional
materials could be assembled by the Visitors Bureau for distribution to these
approximately 900 visitors.
2. Councilman Spiegel asked for Council concurrence in directing staff to analyze
Highway 74 from the entrance to Palm Desert to Highway 111, considering the
taking of that road from CalTrans so that the speed limit could be reduced from
55 miles per hour. He understands that this is the only method available for
speed limit reduction and asked that this be done after the stoplight is installed
on Haystack. He noted that with the amount of traffic in both directions on
Highway 74, he has received numerous telephone calls from residents of the
mobile home park regarding the difficulty they experience trying to enter
Highway 74.
3. Councilman Crites asked Mrs. Gilligan whether Precinct Workers were invited
to the Council Reorganization meeting on Monday, December 1, 1997.
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Mrs. Gilligan responded yes; letters of invitation were mailed today. She stated
that everyone who worked at a polling place is invited, and a gift for each will
be presented at the meeting with a luncheon following.
4. Councilman Crites asked that the City Attorney begin drafting a revised
campaign sign ordinance. He said he would also like to incorporate in the
revised ordinance a method for determining placement on private property by
way of the property owner's signature on a tag attached to the sign; without the
signature, the sign is in violation and will be removed. He said that while he
did not want to restrict citizens' rights to place campaign signs on private
property, he thinks that when they are placed on property without the owner's
permission, they should not remain.
5. Councilman Crites asked for inclusion in next meeting's agenda discussion from
the City Manager regarding a timetable for the north sphere school district
annexation change. He stated that annexing this property into the Desert Sands
Unified School District has come up off and on for the past eight years, and he
believes action needs to be taken as soon as possible. He said that it is the
collective responsibility of the Council to undo this, and that he did not care
what the school board was doing; every day that goes by, it will be less likely
to happen, and that the Council better not fail at this one.
Mayor Kelly stated that he had come across an article from 15 years ago in
some of his paperwork regarding the committee to form the Cove Communities
School District-- a separate school district for Indian Wells, Palm Desert and
parts of Rancho Mirage. He stated he would make copies and bring to the
Council. He added that he felt it would be pretty nice if we did have our own
school district.
Mr. Diaz stated that for the first meeting in January, resolutions to proceed will
be presented for adoption.
6. Mayor Kelly stated he had received a complaint today regarding the 25-mile per
hour speed zone on Highway 74. The person stated they felt it was a danger
because motorists are traveling at 55 miles per hour, then suddenly they hit the
25-mile per hour zone, at St. Margaret's School, and other motorists are
suddenly blowing their horns and skidding up behind. The Mayor added that
he has had similar experiences when he stops for pedestrians in crosswalks
throughout the City; he had a car following him skid up behind and the driver
cursed him like he did a horrible thing. He feels the complaint has merit.
Councilman Crites said he felt staff should investigate this site, due to the
private status of the school there, he has never seen children out by the street,
and they are delivered and picked up right from the door of the school; it is not
a typical neighborhood school.
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Councilman Spiegel stated that it should be determined how the school speed
zone was incorporated-- whether it was the school which requested it or if it
was automatically set by state law.
Mr. Gaugush stated staff would investigate to see what latitude may exist with
respect to the state highway aspect and the school location.
7. Mayor Kelly stated that there had been question regarding the newly -elected
Council member, who has not yet been sworn in, and any problem with the
Councilman -elect attending tonight's Closed Session.
Mr. Erwin answered that once the election is conducted, the Councilman elect
is subject to all of the provisions of the Brown Act, whether he is sworn in or
not.
Councilman Snyder moved to allow Councilman elect Ferguson to attend
tonight's Closed Session.
Councilman Crites asked if this was the case prior to the election being
certified.
Mr. Erwin responded affirmatively. He said that there is a specific code section
in the Brown Act which says, "...once the election is completed, regardless of
whether the council member elect is sworn in or not, he/she is subject to all of
the provisions and penalties of the Brown Act."
Mayor Kelly stated that the above motion died for lack of necessity.
o City Council Committee Reports:
1. Mayor Kelly stated that on Monday, November 17, 1997, 1:30 p.m. at the
Palm Desert Library, Southern California Association of Governments (SCAG)
will make a presentation on the Regional Transportation Plan. He said that it
is a plan for bringing the Southern California area into compliance with air
quality conformance and certain other criteria for retention of federal funding.
He stated that SCAG has been working on this plan for about two years, and
completion is anticipated for January. He noted that there is currently no
mention in the plan for rail transportation to the Coachella Valley; therefore,
he encouraged his colleagues, City staff and citizens to attend. He asked the
City Clerk to put the appropriate notices out.
With Council concurrence, Mayor Kelly recessed the meeting to dinner and Closed Session at
5:33 p.m. He reconvened the meeting at 7:05 p.m.
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XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION BY THE PALM DESERT HISTORICAL SOCIETY 1997 MINI MUSTER.
Mayor Kelly and B.J. Callahan of the Palm Desert Historical Society presented awards and
certificates of appreciation to participants and supporters of this program in the elementary
schools in Palm Desert. He stated that it truly is a beneficial fire safety program for our
youngsters, and we should all be very appreciative of the firefighters who go beyond the call
of duty to participate for the welfare and safety of these children. He thanked everyone who
participated by their donation of time, effort, supplies and refreshments.
Students who received awards were: Patrick Bark, Stephanie Gomez and Kathy Contreras.
Mayor Kelly noted the demeanor of the schoolchildren in this year's program was exemplary.
Certificates of Appreciation were presented to Sergio Garcia and McDonald's of Palm Desert,
Midland Valley Reflective Apparel, and the Historical Society of Palm Desert for their
organization of the Mini Muster. The Historical Society presented an award of appreciation
to City of Palm Desert for their continued interest and support in the Historical Society and
the Mini Muster. Participating schools also received certificates for their part in assisting in
making this year's Mini Muster a very successful one. Desert Sands Unified School District
received recognition for their five years of leadership and participation in the Mini Muster,
being the first Southern California school district to adopt this program.
Certificates of appreciation were also presented to the firefighters of Station No. 33, many of
whom have been working on the program for all five years, as well as certificates presented
to all the firefighter participants from the various stations. A plaque for Station No. 33 was
presented in appreciation of their support for the program.
The Historical Society looks forward to the continued success of the Mini Muster in Palm
Desert for years to come.
B. PRESENTATION BY BISHOP JOE MAZZARELLI OF THE CHURCH JESUS CHRIST OF
LATTER DAY SAINTS, PALM DESERT WARD, IN APPRECIATION OF THE CITY'S
FAMILY ORIENTED POLICIES.
MR. DUSTIN CASEY of The Church of Jesus Christ of Latter Day Saints, Palm Desert
Ward, on behalf of Bishop Mazzarelli who was unable to attend, and the 4,000 members of
the Church in the Coachella Valley, presented Mayor Kelly and the City with a framed
proclamation. He stated their Church this year is celebrating its sesquicentennial anniversary
of the pioneers arriving in Utah Valley, and as a part of that celebration, they are presenting
to local governments proclamations of appreciation for their support and promotion of families.
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With Council concurrence, Mayor Kelly suspended the remainder of the Agenda at this time in order
to allow an Oral Communication item.
MS. SUSIE LAWRENCE, 54-925 Avenida Vallejo, La Quinta, CA, Director and President
for the Palm Springs Harley Owners Group of the Coachella Valley, addressed the Council
with concern for an upcoming event planned by their organization. She stated that this year
they are sponsoring the Debbie Chisholm Foundation, which works with terminally ill children
in the Coachella Valley. She went on to say that they will be holding a caravan run, beginning
at the Palm Springs Harley Davidson dealership and caravanning on Highway 111 to College
of The Desert (COD). She stated that she was enlisting Council's assistance in coordinating
with the Sheriff's Department traffic control for the portion of the caravan route in Palm
Desert to the COD campus. She concluded by saying she was appreciative of the Mayor's
acceptance of their invitation to participate in the caravan and for staffs assistance.
Mr. Diaz asked Ms. Lawrence to leave information with staff so that he might contact her
tomorrow and work out details of the request.
XVI. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF AN AMENDMENT TO CHAPTER 25.66 OF THE
MUNICIPAL CODE RELATING TO HOME OCCUPATIONS (CASE NO. ZOA 97-5).
(Continued from the meeting of October 9, 1997.)
Mr. Smith noted the staff report which outlines the changes proposed by the Zoning Ordinance
Review Committee (ZORC). He stated that even the title of the ordinance has been changed
to reflect the state of home based businesses in Palm Desert to the "Home Based Business
Ordinance". He added that there was one area where conflict exists-- one of the situations
which will be permitted is instruction in the home (i.e. music lessons, piano lessons, dance
lessons, etc.). Staff is of the position that this should be one-on-one instruction, thereby
limiting the maximum number of attendees at any one time at one address. He stated that
ZORC took the position that six was a more reasonable number, and that was also consistent
with home day-care facilities; beyond six requires a Conditional Use Permit (CUP).
Councilman Spiegel asked what the charge was for this type of license. He further asked if
Mr. Smith agreed with ZORC or if he felt one-on-one was preferable.
Mr. Smith responded that from the audience, he is told the license is $60.00 per year. He said
that the entire ordinance is a giant step forward from the status quo, and he stated that he
prefers taking the more conservative approach at this time to monitor its effectiveness, then
considering six.
Mayor Pro Tempore Benson stated that when ZORC reviewed this condition, the difference
between one and six was that some home businesses have, for example, one tennis student
come in as opposed to a group lesson. She said she prefers allowing the six attendees at one
time, as did the majority of the Committee.
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Councilman Spiegel asked if it was ruled for six and a problem was experienced, it would
come back for modification.
Councilman Crites asked about the ramifications for parking on residential street's when six
students, who all potentially drive their own vehicles, attended a class at a residence.
Mr. Smith answered, conceivably, all six could bring their own automobile.
Mayor Pro Tempore Benson stated that this occurs at day care facilities.
Councilman Crites stated that he was aware of the day care arrangements, in part, because the
State, as he recalls, mandates this position. He added the request here conceivably expands,
by a large number, the potential number of places where this can occur.
Mayor Kelly added that with day care, it is a drop-off and pick-up scenario, no one is parked
for an extended period of time.
Councilman Snyder stated that he would not want to live next to a residence with a home
business where six people parked on the street every day.
Councilman Crites stated that his issue is not with having six people inside the home working,
but to the degree that it potentially impacts on parking in residential areas, then he would agree
with Councilman Snyder. He asked if it could be set lower and raised with a CUP.
Mayor Pro Tempore Benson stated that if a problem developed in any one neighborhood, it
could be addressed at that time. She added that right now, we do not know how many home
businesses this will impact.
Mr. Smith answered that it could be set lower and raised with a CUP. He added that the way
it's been structured, we can impose conditions on the approval of this permit; but he was not
sure that a CUP could be conditioned that if a nuisance developed (there is language in the
ordinance itself that addresses this), then a revocation of the permit can be exercised.
Mr. Drell added that home -based permits are only issued for a one-year period and must be
renewed. He said at the worst case, if a problem exists, it can be ended by non -renewal.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this matter. With no testimony offered, he diva the public hearing and asked for Council
direction.
Mayor Pro Tempore Benson moved to waive further reading and pass Ordinance No. 85.6 to second
reading. Motion was seconded by Spiegel and carried by a 3-2 vote with Councilman Crites and
Councilman Snyder voting NO.
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B. REQUEST FOR APPROVAL OF AN APPEAL OF A PLANNING COMMISSION
DECISION BY MICHAEL HOMME FOR A PRECISE PLAN OF DESIGN FOR A 12,500
SQUARE FOOT, SINGLE -STORY PROFESSIONAL OFFICE/MEDICAL BUILDING AND
SETBACK VARIANCE FOR SAME BUILDING ON THE NORTH SIDE OF FRED
WARING DRIVE BETWEEN MONTEREY AVENUE AND ACACIA DRIVE
(CASE NOS. PP 97-8 AND VAR 97-1). (Continued from the meeting of October 23, 1997.)
Mr. Drell stated that at the last hearing, staff was directed to discuss with the applicant more
precisely what it would take to make this project economically feasible, in terms of relief of
improvement requirements or use modifications. He said that basically, the areas where cost
reduction can occur for his project are requirements for sidewalks and a pre-existing agreement
to reimburse the City for undergrounding; the sidewalk is an $8,000.00-10,000.00 cost, the
undergrounding is $45,000.00. Applicant has indicated that if he was relieved of these
expenses, he'd be prepared to do the project. Mr. Drell went on to say that this gets the
applicant only part of the way economically, but he is willing to proceed with the potential of
Council consideration for allowing office -related retail, such things as stationery, copying --
retail services directly related to offices in the O.P. zone. He said that would be a separate
process, a zoning ordinance amendment considered based on its merits; but applicant would
proceed whether or not we grant him relief relative to land use.
Mayor Pro Tempore Benson asked why now the applicant and the City were $50,000.00 apart
in the amount of relief requested. She thought the direction given last meeting was to find a
way to make this project work for Mr. Homme without the retail and to come back with the
figure it would take.
Mr. Drell stated that the original number was $225,000.00. He said the Planning Commission
relieved him of about $125,000.00 worth of cost, and these two items relieve him of
approximately $50,000.00 worth of cost. He went on to say that the direction specified there
would be no relief on fees in general, like TUMF for building permits, or all those things.
He further said Mr. Homme is saying that the relief of those two items, $50,000.00 worth, and
the previous relief of the $125,000 from the Planning Commission, gets him close enough that
he feels he can do the project.
Mayor Pro Tempore Benson asked if he can do it only if he gets the retail.
Mr. Drell responded no, without the retail.
Mayor Kelly stated it was just for copying and office supplies.
Mr. Drell responded that the staff recommendation is for examination of a general ordinance
amendment, but that his acceptance of the conditions are not dependent upon any relief relative
to land use.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this matter.
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MR. MIKE HOMME stated he was available to answer Council's questions. He said that as
to the Office Professional Zone and the commercial use, he thinks the City has been very
helpful, especially Mr. Drell and Mr. Smith. He stated that he's come to the conclusion that
really nobody wants any commercial use on the corner of Fred Waring and Monterey, but he
thinks it would be a great idea if there could be some consideration given in the future to
expanding the Office Professional Zoning to include related services that might be conducive
to office spaces, like copy service, etc.
Mayor Kelly stated that a good example would be the medical building at Eisenhower that has
a small pharmacy in it, sells cards and related items. He stated that no one comes there
specifically to buy cards, or pharmaceutical needs, they are in the building, and they stop and
buy these items before leaving. He further said that if there is no extra impact to anyone, this
is the kind of thing that would probably make sense.
With no further testimony offered, Mayor Kelly declared the public hearing closed and asked for
Council direction.
Councilman Spiegel stated that he agreed with the Mayor's statements but had a concern that
the hours of the related service, if granted approval, coincide with those of the rest of the
office building.
Councilman Snyder moved to, waive further reading and adopt Resolution No. 97-97, amending the
conditions of approval for a precise plan of design for a 12,500 square foot single story office/medical
building, a setback variance for said buildings, and a negative declaration of environmental impact as it
relates thereto, all located in the office professional (O.P.) Zone on the north side of Fred Waring Drive
between Monterey Avenue and Acacia Drive (Case Nos. PP 97-8 and VAR 97-1). Motion was seconded
by Mayor Pro Tempore Benson and carried by unanimous vote.
C. REQUEST FOR CONSIDERATION OF THE 1998/99 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PUBLIC HEARING.
Mr. Janes noted the staff report included in the Agenda packet and stated that this year's
amount was approximately $231,000.00
Mayor Kelly declared the public hearing Qum and invited testimony in FAVOR of or OPPOSED
to this public hearing item.
MR. MARC HAUPERT, 1040 El Alameda, Palm Springs, CA, Executive Director of the
Desert AIDS Project, Palm Springs, CA, addressed the Council. Hi outlined the needs of
people living with HIV and AIDS in the City of Palm Desert, and that this has been a essential
program funded by the CDBG monies. He said that in the past year, there has been significant
progress in the fight against AIDS and HIV including lower rates of new diagnoses, lower
numbers of hospitalizations and shorter hospital stays and the drop from the number one cause
of death to the number two cause of death for population between the ages of 25 and 44-- all
of which is exceptionally good news and cause for celebration. He went on to say, however,
they remain challenged by the fact that diagnoses are still rising among women, adolescents
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and people of color, and that there is increasing need for services by those who are living with
AIDS and HIV in Palm Desert and other parts of the Coachella Valley, with the public
— perception that the need is lessened. He said that consequently, less public support is generated
for fund raising. He said that we are now dealing, basically, with two populations:
1) Individuals who are needing the services they've been providing all along, populations
which are quite ill; and, 2) A new population of individuals who are living with the HIV virus
but are not in a sick condition and have a myriad of emotional challenges requiring new types
of services. He went on to say that the Coachella Valley still has the highest incidence of
AIDS diagnoses in California after the City of San Francisco, and Palm Desert still comprises
a significant percentage of the population served by the Desert AIDS Project. He stated that
the financial stress of this disease is considerable, in addition to the physical stress, and
consequently, funds like the CDBG funds are extremely essential and appropriate in terms of
the low income situation of the population.
He said that new programs which have emerged within the year are: 1) Housing Referral
Program for individuals with low income housing need; 2) Wellness Program for individuals
who need to combine their traditional medical care with all other kinds of wellness support;
3) Re-employment Program for individuals looking to return to the workforce; and,
4) Personal Health Responsibility Education (PHRED) to provide the education necessary for
them to take personal responsibility for their own health.
He stated that education is critically important, and that has been funded by the City of Palm
_ Desert in the past, but because of a negotiation with the County of Riverside, education is
funded by County dollars and City of Indio dollars because those communities are technically
low income. He concluded by saying that what they are asking for, as they have in the past
and been supported for, is the case management and medical monitoring necessary to deal with
the challenge of HIV disease, unless the Council had other identified needs they wanted served.
He expressed his gratitude on behalf of the Project's clients and staff for the services which
have been supported by Palm Desert in the past, and they look forward to continuing to serve
the City.
With no further testimony offered, Mayor Kelly declared the public hearing clostd and asked for
Council direction.
Councilman Spiegel moved to, by Minute Motion, consider the requests for use of City of Palm
Desert's 1998/99 Community Development Block Grant funds, and direct staff to work with applicants
to develop eligible projects. Motion was seconded by Mayor Pro Tempore Benson and carried by
unanimous vote.
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D. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT, CHANGE OF ZONE FROM SINGLE-FAMILY RESIDENTIAL (R-2) TO
OFFICE PROFESSIONAL (O.P.), FOR SIX PARCELS LOCATED ON THE EAST SIDE
OF MONTEREY, STARTING FROM SAN GORGONIO WAY, EXTENDING 360 FEET
NORTH. REQUEST INCLUDES A PRECISE PLAN TO CONSTRUCT A 1,975 SQUARE
FOOT OFFICE BUILDING AT 44-650 MONTEREY AVENUE.
Mayor Pro Tempore Benson asked for confirmation of the location of this property and if,
indeed, the current zoning in the vicinity was O.P. now.
Mr. Drell responded that the current zoning in the vicinity is single-family residential, and
currently it is just under Conditional Use Permits (CUP's); this would make the property
officially O.P. instead of using CUP's.
Councilman Crites asked if the dispute had been worked out between the property owners who
want to live in their house and the builders of the structure with a zero lot line next to this
house.
Mr. Alvarez stated that no other communication has been received from these property owners;
they did not attend the Planning Commission on October 21, 1997. He went on to say they
had expressed their opinion in writing, and this is addressed in the staff report.
Mr. Drell added that there were actually two hearings, neither of which were attended by these
property owners.
Councilman Spiegel asked if this party was aware of the public hearing tonight.
Mr. Drell said they had been informed.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this item. With no testimony offered, he declared the public hearing closed.
Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 97-99 , approving
Precise Plan 97-13, a 1,975 square foot office building located at 44-650 Monterey Avenue; and,
2) Waive further reading and pass Ordinance No. $51 to second reading, approving a negative declaration
of environmental impact and change of zone for six parcels located on the east side of Monterey Avenue,
starting from San Gorgonio Way, extending 360 feet north. Motion was seconded by Mayor Pro Tempore
Benson and carried by unanimous vote.
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Mr. Erwin announced the following recommendation regarding Item C-2 of Section VI, Consent
Calendar, which had been removed for separate discussion during Closed Session, that the claim be
denied.
Councilman Spiegel moved to, by Minute Motion, deny the claim and direct the City Clerk to so
notify the Claimant. Motion was seconded by Kelly and carried by unanimous vote.
Councilman Crites stated that he had been hosting a guest for tonight's meeting, Mr. Ben Watling,
and that it had been his pleasure to witness local government in action.
XVII. ADJOURNMENT
Upon a motion by Councilman Spiegel, second by Kelly and unanimous vote of the Council, the
meeting was adjourned at 7:50 p.m. to 11:00 a.m. on Monday, December 1, 1997, for the purpose of
Council reorganization.
ATTEST:
SHEILA re ILLIG CITY CLERK
CITY OF PALM D ' T, CALIFORNIA
i
RICHARD S. KELLY, MAYOR
I
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