HomeMy WebLinkAbout2005-02-10MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 10, 2005
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Crites convened the meeting at 3:00 p.m.
I1. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro Tem Jim Ferguson arrived at 3:01 p.m.
Councilman Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Buford A. Crites
Also Present:
Justin McCarthy, Acting City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services
Homer Croy, ACM for Development Services
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Mark D. Greenwood, City Engineer
Amir Hamidzadeh, Director of Building & Safety
Philip Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Michael J. Errante, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Robert P. Kohn, Director of Special Programs
Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF
Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 4
Upon a motion by Councilman Kelly, second by Councilman Spiegel, and 4-0 vote
of the City Council, with Mayor Pro Tem Ferguson ABSENT, Mayor Crites adjourned the
meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:05 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Erwin stated that there was no reportable action from the Closed Session
just ended. However, he requested a continuation of the Closed Session to
the Council's scheduled dinner break at 6:00 p.m. and to add the following
matter by a four -fifths vote:
Public Employee Performance Evaluation pursuant to Government Code
Section 54957:
Titles of positions: City Attorney
City Manager
Upon a motion by Councilman Spiegel, second by Mayor Pro Tem Ferguson, and
5-0 vote of the City Council, the aforementioned matter was added to the Closed Session
agenda.
VI. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
VII. INVOCATION - Councilman Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
MR. STAN FORD, General Manager, Coachella Valley Recreation & Park District,
addressed the City Council regarding the Fifth Annual Palm Desert Senior Games
now underway and being hosted by the Rec & Park District. He provided copies of
the program for the Games and tickets for the City Council to attend tomorrow
evening's kick-off dinner. He related that there were over 800 participants so far
this year. He reminded the City Council that the District had commissioned an
economic impact study for this year's event, being conducted by Dr. Greg Kelsey
of Utah State University and Dr. Nancy White of CSU-Northridge, to measure the
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
Games' financial impact on the community. Data they'd already been able to obtain
showed that approximately 750 of the registrants were from at least 75 miles away.
He would be returning to the City Council with results of the study.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE PATRICK LILLY FOR HIS
CONTRIBUTION TO THE CITY OF PALM DESERT AND ITS EL PASEO
BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS.
Mr. Lilly was unable to be present for today's presentation.
B. PRESENTATION TO RECOGNIZE FORMER PALM DESERT CHIEF OF
POLICE PATRICK McMANUS FOR HIS SERVICE TO THE CITY AND TO
WISH HIM WELL AS RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
CHIEF DEPUTY FOR WEST COUNTY FIELD OPERATIONS.
On behalf of the City Council, City staff, and the now 50,000 citizens of the
City, Mayor Crites presented Chief McManus with an engraved crystal platter
in appreciation for his four and a half years of dedicated service as
Palm Desert's Chief of Police, and congratulating him on his promotion to
Chief Deputy.
Lt. Steve Thetford also thanked Chief McManus for all the time he spent and
the valuable guidance he provided.
Chief McManus expressed his sincere thanks for this honor, in turn, thanking
the Mayor and City Council for making his job so easy here because of their
dedication to public safety, which directly benefited the citizens of Palm
Desert. He also thanked staff for all its cooperation, support, and friendship,
noting that he felt it was one of the finest groups he'd ever worked with.
C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES
FOR EXCEPTIONAL SERVICE — FEBRUARY 2005.
On behalf of the City Council, Mayor Crites honored the following employees
for their exemplary performance: Donna Gomez, Veronica Tapia, and
Carlos Hernandez. Each was presented with a certificate of recognition and
a $100 gift certificate.
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D. APPOINTMENTS AND REAPPOINTMENTS TO VARIOUS POSITIONS ON
THE CITY'S ESTABLISHED COMMITTEES AND COMMISSIONS.
With City Council concurrence, Mayor Crites asked that action for this item be
deferred until later in the meeting. After the dinner recess, the following action was
taken.
Upon a motion by Mayor Pro Tem Ferguson, second by Councilmember Benson,
and 4-0 vote of the City Council, with Councilman Spiegel ABSENT, the following Members
were reappointed to the respective offices each for a four-year term (1/1/05 - 12/31/08):
1) Ray Lopez - Architectural Review Commission; Robyn Ritchey - Building Board of
Appeals & Condemnation; Heather Sacre and Susan Stauber - El Paseo Business
Association; Betty Carapellese and Ella Manor - Library Promotion Committee; Terry
Schukart and Dan Seymour - Parks & Recreation Commission; Charles Ash and Russ
Campbell - Citizens' Advisory Committee for Project Area No. 4; Marty Nethery and Jim
Butzbach - Public Safety Commission; John Marman, Nancy McIntosh, Rose Mary Ortega,
and Mark Talboys - Sister Cities Committee; 2) reappointed the following Youth Committee
Members each to a one-year term (1/1/05 - 12/31/05) Nicholas Asbury, Daniel Battales,
Kayleigh Hyde, Erika McQuillen, Michelle Stein, and Nicholas Talboys; appointed
Tarah Fenelon-Nolan as a regular Youth Committee Member fora one-year term (1/1/05 -
12/31/05) to fill the vacancy created by Bethany Walker's resignation; and reappointed
Elliott Smith as an Alternate Youth Committee Member for a one-year term (1/1/05 -
12/31 /05).
Upon a motion by Mayor Pro Tem Ferguson, second by Couniclman Kelly, and 4-0
vote of the City Council, with Councilman Spiegel ABSENT, the following candidates were
appointed to the various Committee and Commission vacancies, respectively: Rent
Review Commission - Brian Torsney, Sr. (12/31/08); Public Safety Commission. -
Gloria Kirkwood (12/31/07); Citizens' Advisory Committee for Project Area No. 4 -
Fred Benford, Robert Duncan, and Roberta Grubb (12/31/08), Douglas Luhring (12/31/06);
Parks & Recreation Commission - M. Connor Limont, Alternate Member (12/31/08); Library
Promotion Committee - Lynn DeSantis (12/31/06) and Jim Ron (12/31/08); Historic
Preservation Committee - Kim Housken (12/31/06) and Rhonda Rockwell (12/31/08); Art
In Public Places Commission -Barbara Stenning (12/31/06) and John Weston (12/31/07).
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 27, 2005.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 147, 148, 149, 153, 154, 157, 158, and 161.
Rec: Approve as presented.
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C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of October, November, and December 2004 (Joint Consideration with the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
D. REQUEST FOR APPROVAL of Amendments to Palm Desert Treasury
Policies and Procedures for 2004 (Joint Consideration with the
Palm Desert Redevelopment Agency and the Palm Desert
Financing Authority).
Rec: By Minute Motion, retroactively approve Palm Desert
Treasury Policies and Procedures for 2004, as amended.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stone Eagle
Golf Club, 48-099 Highway 74, Palm Desert.
Rec: Receive and file.
F. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Historic Preservation Committee Meeting of November 29, 2004.
2. Investment & Finance Committee Meeting of November 24, 2004.
3. Library Promotion Committee Meeting of September 15, 2004.
4. Marketing Committee Meeting of November 16, 2004.
5. Sister Cities Committee Meeting of December 16, 2004.
Rec: Receive and file.
G. LETTER OF RESIGNATION from Joyce Frisco — Citizens' Advisory
Committee for Project Area No. 4.
Rec: Receive with very sincere regret.
H. LETTER OF RESIGNATION from Jerome Pineau — Citizens' Advisory
Committee for Project Area No. 4.
Rec: Receive with very sincere regret.
I. CONSIDERATION of the Acceptance of a Donated Sculpture by
Robert Thornley from E. H. Heimann, Jr.
Rec: By Minute Motion, accept the offer from Mr. E. H. Heimann, Jr., for
donation of a sculpture by artist Robert Thornley valued at $25,000.
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J. REQUEST FOR APPROVAL of Sculpture to be Included in the 2005/06
El Paseo Exhibition.
Rec: By Minute Motion: 1) Accept the sculpture / Forget by Clark Brooks to
be included in the 2005/06 El Paseo Exhibition; 2) approve a $1,500
honorarium for loan of the artwork — funds are available in Account
No. 436-4650-454-4002.
K. REQUEST FOR AWARD OF BID for a Skid Steer Loader and Hammer
Breaker Bar Attachment.
Rec: By Minute Motion: 1) Reject bids from Scott Equipment, Fontana,
California, and RDO Equipment Company, Riverside, California, as
non -responsive; 2) award bid for purchase of a skid steer loader and
hammer breaker bar attachment to Johnson Machinery, Riverside,
California, in the amount of $34,209.55 — funds are available in
Account No. 110-4310-433-4045.
L. REQUEST FOR APPROVAL of Title Company Services Related to the
Fred Waring Drive Widening Project.
Rec: By Minute Motion, approve the use of Orange Coast Title Company,
San Bernardino, Califomia, for the title reports necessary for right-of-
way needs in conjunction with the Fred Waring Drive Widening
Project (Project No. 654-01).
M. REQUEST FOR APPROVAL of an Amendment to Contract No. C23110 —
Engineering Services in the Design of Highway 111 Sidewalk Improvements
(Project No. 697-05).
Rec: By Minute Motion: 1) Approve an amendment in the amount of $8,600
to the subject contract with Omnis, Inc., Chino Hills, California, for
design and engineering services to lengthen a left -turn pocket and
eliminate a cross gutter; 2) approve a 10% contingency for this
amendment in the amount of $860; 3) authorize the Mayor to execute
the amended agreement — funds are available in Account
Nos. 110-4312-433-3320 and 110-4313-433-3320.
N. REQUEST FOR APPROVAL for Out -of -State Travel for the National
H.T.E. Users' Group Conference.
Rec: By Minute Motion, approve out-of-state travel to the five-day National
H.T.E. Users' Group (HUG) Conference in Las Vegas, Nevada,
June 5-10, 2005, for three Building & Safety Department staff— funds
are currently available in Account No. 110-4420-422-3120.
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O. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
2. Report on the Fred Waring Drive Soundwall from California Avenue
to Washington Street
Councilman Spiegel asked if staff could provide any information about
activity he'd seen on the location of the former Shell Station at the southeast
corner of the intersection of Highways 111 and 74.
Mr. Drell responded that he was aware of negotiation between the property
owner and a bank, but he believed it was possible that the recent activity was
related to final clean-up of the soil contamination there. In further response
to mention that a trailer had been placed on site, he said staff would
immediately look into it, as there should not be a trailer located there until a
project was approved.
On a motion by Councilman Spiegel, second by Councilman Kelly, and 4-0 vote of
the City Council, with Mayor Pro Tem Ferguson ABSENT, the Consent Calendar was
approved as presented.
Xl. CONSENT ITEMS HELD OVER
None
PRESENTATION TO HONOR COUNCILMAN DICK KELLY.
In honor of his re-election to a sixth term on the Palm Desert City Council, recent
birthday and 60`h wedding anniversary, and on behalf of his colleagues, Mayor Pro
Tem Ferguson presented Councilman Kelly with a scale model of the Douglas A-26
Invader, the plane that he had flown in the Air Force during World War II.
With City Council concurrence, Mayor Crites suspended the agenda at this
point in order to go to Item XVII - Public Hearings - B. Please see that portion
of the Minutes for discussion and action.
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XII. RESOLUTIONS
A. RESOLUTION NO. 05-16 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING MEDIUM
DENSITY DEVELOPMENT GUIDELINES.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 05-16. Motion was seconded by Councilmember Benson and carried by a 4-0 vote,
with Mayor Pro Tem Ferguson ABSENT.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1090 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING
SECTIONS 10.48.250 AND 10.48.260 TO CHAPTER 10.48 OF TITLE 10
OF THE PALM DESERT MUNICIPAL CODE WITH RESPECT TO
HANDICAPPED PARKING.
Mr. Croy indicated that there had been no changes to the ordinance since its
introduction.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1090.
Motion was seconded by Councilman Kelly and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. CONSIDERATION OF A RECOMMENDATION FROM THE MARKETING
COMMITTEE RELATIVE TO THE CONTRACT FOR ADVERTISING
SERVICES FOR THE CITY OF PALM DESERT (CONTRACT NO. C23410).
Mayor Crites noted the staff report.
In answer to question, Mrs. Gilligan said that the Marketing Committee's
policy requires proposals be sought every five years, this being the fifth. She
added that staff agrees it is prudent to see what's available in the
marketplace to ensure the City is being well served.
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Councilman Spiegel moved to, by Minute Motion, direct staff to conduct the subject
Request for Proposal process, as required by Resolution No. 03-49. Motion was seconded
by Councilman Kelly and carried by a 5-0 vote.
B. REQUEST FOR CONSIDERATION OF A RECOMMENDATION FROM THE
VETERANS MEMORIAL SUBCOMMITTEE.
Councilman Spiegel moved to, by Minute Motion, concur with the recommendations
of the Veterans Memorial Subcommittee and direct staff to proceed with initiating and
implementing a call for artists for the sculpture (Contract No. C23420). Motion was
seconded by Councilman Kelly and carried by a 5-0 vote.
C. REQUEST FOR APPROVAL OF MARKETING PROGRAM FOR THE
HERB JEFFRIES TRAIL DEDICATION.
Mayor Crites commented that part of the funding being requested here
would also be applied to replenish monies used for the Randall Henderson
Trail Dedication event last weekend. He expressed his thanks to
Mrs. Gilligan, Marketing Manager Kristy Kneiding, Advertising Coordinator
Piper Close, and Planning Technician Ryan Stendell for the excellent job
they did in putting together trail materials, advertising, and the ceremony for
the February 5 dedication.
Councilmember Benson moved to, by Minute Motion: 1) Approve the program as
presented by the City's Marketing Department; 2) appropriate $20,000 from the
Unobligated General Fund Reserves to Account No. 110-4417-414-3223 for this purpose.
Motion was seconded by Mayor Pro Tem Ferguson and carried by a 5-0 vote.
D. CONSIDERATION OF REQUEST FOR SPONSORSHIP OF THE
CALIFORNIA DESERT NATURE FESTIVAL, APRIL 8-10, 2005.
Councilman Spiegel moved to, by Minute Motion: 1) Concur with the
recommendation of the Marketing Committee for sponsorship of the subject event in an
amount not to exceed $5,000; 2) appropriate said funds from the Unobligated General
Fund Reserves to Account No. 110-4416-414-3061 for this purpose. Motion was seconded
by Councilmember Benson and carried by 5-0 vote.
E. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS
FOR CONSTRUCTION OF THE CORPORATION YARD EXPANSION
(CONTRACT NO. C19250A, PROJECT NO. 715-00).
Councilman Kelly questioned whether or not the City Council had seen the
final plans for the project before they are authorized for bidding. Mr. Errante
responded that the project began some four or five years ago.
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Councilman Kelly further asked what about the parking ratio for the City's
employees who will park there. Mr. Greenwood said although he couldn't
provide an exact figure now, the project was considered overparked.
With City Council concurrence, Mayor Crites asked that the item be continued until
after the City Council observes its dinner break at 6:00 p.m.
After the dinner recess, Councilman Kelly said he had opportunity to look at
the plans, and his concerns had been satisfied.
Mayor Pro Tem Ferguson moved to, by Minute Motion, authorize the City Clerk to
advertise and call for bids for the subject project. Motion was seconded by
Councilmember Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
F. REQUEST FOR APPROVAL OF AMENDMENTS TO THE FISCAL YEAR
2004/05 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS.
Mayor Crites asked about the decrease in the Landscape Services portion
of the Public Works Budget.
Mr. Gibson answered that when the budget was planned about a year ago,
it was anticipated that Freedom Park would need landscape services during
FY 2004/05. However, since the park was not yet completed, there were
additional funds in that portion of the Public Works Budget that could be
utilized elsewhere.
Councilmember Benson moved to waive further reading and adopt: 1) Resolution
No. 05-19, amending the Fiscal Year 2004/05 Budget as a result of Mid -year Adjustments;
2) Resolution No. 05-20, amending Resolution No. 04-73 — Salary Schedule, Salary
Ranges, and Allocated Positions. Motion was seconded by Councilman Spiegel, which
carried by a 5-0 vote.
XV. CONTINUED BUSINESS
A. RESOLUTION NO. 05-4 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, CONCERNING CLOSED
SESSIONS OF JOINT POWERS AUTHORITY MEMBER AGENCIES
(Continued from the meeting of January 13, 2005).
Councilman Kelly commented that this matter was continued in the hope of
satisfying his concerns; however, he was not completely satisfied. Although,
he was aware that most all of the JPAs (Joint Powers Authorities) were in the
process of creating such a policy, and it was probably an unnecessary action
on the City's part. He would be voting against the resolution.
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Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-4.
Motion was seconded by Mayor Pro Tem Ferguson and carried by a 4-1 vote, with
Councilman Kelly voting NO.
B. RESOLUTION NO. 05-14 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CHANGE OF
ZONE FROM R-1 TO OFFICE PROFESSIONAL AND A PRECISE PLAN OF
DESIGN FOR A 1,826 SQUARE FOOT GENERAL OFFICE BUILDING
LOCATED AT 44-447 PORTOLA AVENUE Case Nos. C/Z 04-05 and
PP 04-31 (Robert and Marilyn Ford, Applicants) (Continued from the meeting
of January 27, 2005).
MS. MARILYN FORD, of 48-770 Shady View Drive, Palm Desert, addressed
the City Council. She and her husband were the owners of
44-447 Portola Avenue, which they never expected would become such a
controversy. She noted that they were 25-year residents/taxpayers of the
City, property owners and real estate professionals, and they never would
have considered purchase of the subject property as a primary residence
without the possibility of rezoning it. She felt it was obvious that the busy
traffic and proposed future setbacks on Portola Avenue will continue to make
this a busier street and more and more undesirable for residential. They
agreed with the City Council's decision last year to make Portola Avenue
conform to the surrounding area closer to Highway 111 and the potential
office professional designation. Nothing had changed since last year's action
on the office professional possibility, and they felt it would be a mistake to
revisit the lengthy process in the next agenda item involved in reversing that
decision. She said they still hoped to have their own small office space
somewhere in the City of Palm Desert, believing they were one of the very,
very few people who would want to build a Tess than 2,000 square foot,
residential -in -nature office building, with probably five vehicles total. She
said they believe the City made the right decision, and they commended it
for looking at the City's future vision and the best use of this very busy
highway.
Councilman Kelly moved to waive further reading and adopt Resolution No. 05-14.
Motion was seconded by Councilman Spiegel, and it carried by a 5-0 vote.
C. CONSIDERATION OF THE INITIATION OF PROCEEDINGS FOR A
GENERAL PLAN AMENDMENT, REMOVING THE OFFICE
PROFESSIONAL LAND USE ON PORTOLA AVENUE BETWEEN
FRED WARING DRIVE AND DE ANZA WAY (Continued from the meeting
of January 27, 2005).
Councilman Spiegel moved to, by Minute Motion, direct staff to initiate a General
Plan Amendment, removing the Office Professional land use on Portola Avenue between
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Fred Waring Drive and De Anza Way. Motion was seconded by Councilman Kelly, and it
carried on a 4-1 vote, with Mayor Pro Tem Ferguson voting NO.
Mayor Crites noted that consideration of the proceedings did not mean that
office professional land use on Portola Avenue will be removed; there were
a variety of options that might come before the Planning Commission, the
City Council, and staff on whether or not to revise the existing land use
designation.
Mayor Pro Tem Ferguson commented that the City had done its best to
provide notice on the General Plan process and policies. At that time, his
desire was to try to provide a parachute for those property owners so that
they didn't have steadily declining property values. He requested that
specific notice be given the owners of record for each of the parcels along
Portola between Fred Waring and Alessandro to be sure they would have the
opportunity to speak to the issue. He was curious to see what each of them
would say.
Mayor Crites added that he'd like to extend notice to the residents at least
two property owners' back from Portola, who he felt would have comments
that would be equally interesting.
MR. CHRIS McFADDEN said he wished to speak on this item, disappointed
that it had been considered so quickly. He was a Portola property owner and
had feelings similar to those of the Ford's. He acquired three parcels
immediately along Portola approximately six or eight months prior to the
actual recommendation for the zone change overlay. He had hoped to
obtain an office professional use through his application, which was turned
down. He was currently trying to sell that property, and there were two
remaining overlays on it — open space and medium density residential. He
said the Planning Department was totally unaware of the open space overlay
aspect, and he asked for some clarification, as it had a significant effect on
the property values.
Mayor Crites responded that the City will be initiating that entire discussion.
He urged Mr. McFadden to visit with Planning Manager Steve Smith about
the issue over his property's designation and also to participate in the
hearing process about continuing the existing zoning or alternatives
suggested by the property owners.
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D. REQUEST FOR APPROVAL OF PARCEL MAP 31563 (Holt Architects,
Applicant) (Continued from the meeting of January 27, 2005).
Mr. Greenwood said staff would like to schedule this item for a later date.
Councilman Spiegel moved to, by Minute Motion, continue the matter to a time
uncertain. Motion was seconded by Councilman Kelly and carried by a 4-0 vote, with
Councilman Ferguson ABSENT.
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF PARCEL MAP NO. 30342 (SGH Partners,
L.P./Premier Business Properties, Applicant).
Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-6,
approving the Final Subdivision Map of Parcel Map No. 30342 and the agreement relating
thereto. Motion was seconded by Councilman Kelly and carried by a 4-0 vote, with Mayor
Pro Tem Ferguson ABSENT.
B. RESPONSE TO RESIDENTS REGARDING THE FRED WARING DRIVE
WIDENING AND FLORIDA AVENUE SIDEWALK PROJECTS.
Mayor Crites commended staff for the excellent explanation provided in the
report.
Councilman Spiegel moved to, by Minute Motion: 1) Receive and file the report;
2) authorize staff to abandon the Florida Avenue sidewalk project, as discussed in the
report. Motion was seconded by Councilman Kelly and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE EXCHANGE AGREEMENT
BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND
DESERT WELLS 237, LLC, FOR THE EXCHANGE OF APPROXIMATELY
0.86 ACRES LOCATED AT THE NORTHEAST CORNER OF PORTOLA
AVENUE AND FRANK SINATRA DRIVE (CONTRACT NO. R23430) (JOINT
CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Mr. McCarthy reported that this item reflected a neutral exchange between
two property owners, one being the Redevelopment Agency, and the other
is Desert Wells 237, LLC.
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Mayor/Chairman Crites declared the public hearing open and invited testimony in
FAVOR OF or OPPOSED TO the subject exchange. With no testimony offered, he
declared the public hearing closed.
Councilman/Member Spiegel moved to waive further reading and adopt: 1) City
Council Resolution No. 05-17, approving the subject Exchange Agreement with Desert
Wells 237, LLC; 2) Redevelopment Agency Resolution No. 497, approving an Exchange
Agreement with Desert Wells 237, LLC. Motion was seconded by Councilman/Member
Kelly.
Councilmember/Member Benson and Mayor Pro TemNice Chairman
Ferguson expressed concern about exactly how future property
owners in this area would be made aware of the proposed adjacent
golf course and related activities or impacts, particularly flight of golf
balls.
Mr. Yrigoyen said the owner will have to notify all property owners. It
will be a covenant on the land, and when he comes in for the map, the
covenants will transfer to each parcel.
Councilman/Member Kelly noted the preliminary layout of the golf
course, and if that design is carried out, he felt it would alleviate most
of the concern.
Mayor/Chairman Crites called for the vote, and it carried 5-0.
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B. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING
COMMISSION, APPROVING A PARCEL MAP TO ESTABLISH A ONE -LOT
SUBDIVISION WITH A CONDOMINIUM OVERLAY AT THE 191-SPACE
INDIAN SPRINGS MOBILE HOME PARK LOCATED AT
49-305 HIGHWAY 74 (APN 652-120-007) Case No. PM 31862
(Indian Springs, Ltd., Applicant/Appellant).
Following is a verbatim transcript for the discussion and testimony offered for
Public Hearing Item B.
Key
BAC Buford A. Crites, Mayor
SS Stephen R. Smith, Planning Manager
SL Sue Loftin, Attorney for Applicant
LO Larry Owens, Sewer System Expert
PS Paul Selzer, representing the Applicant
JF Jim Ferguson, Mayor Pro Tem
RAS Robert A. Spiegel, Councilman
JA Jose Angel, California Regional Water Quality Control Board
CS Charles Springer, California Regional Water Quality Control Board
SB Steve Bigley, Coachella Valley Water District
PB Pat Bell, Indian Springs Mobile Home Park Association President
RC Richard Close, Attorney for Applicant
RSK Richard S. Kelly, Councilman
RDK Rachelle D. Klassen, City Clerk
BAC At this point, we're going to move out of order in this afternoon's agenda, and we
will move to Public Hearings, and go to page 10 of the agenda, Public Hearing B,
which is at the top of page agenda. And it is the consideration of an appeal to a
decision of the Planning Commission, approving a Parcel Map to establish a one -lot
subdivision with a condominium overlay — Indian Springs Mobile Home Park, and
it's also appropriate to point out that Councilmember Benson will excuse herself
during this portion of the meeting, as she is a resident of that area. So now having
moved to that item, 1 believe we will begin with a staff report.
SS Thank you, Mr. Mayor. The request, which was before the Planning Commission,
was for approval of a one -lot Parcel map with a condominium overlay, with the
purpose of changing the ownership structure from rental mobile home park to a
single-family manufactured housing condominium. The proposed map would not
alter the existing 191-unit density or impact on the physical appearance of the park.
There will be no displacement of residents. Residents will be able to choose to buy
their condominium unit or to continue to rent. At the Planning Commission
hearings, no one objected to the conversion of the park; the issue before the
Planning Commission was whether to impose a condition requiring connection to
the sewer system. Following hearings held on the 7" and 29`h of December, 2004,
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
the Planning Commission, on a 5-0 vote, adopted its Resolution No. 2319,
approving the Parcel Map, subject to conditions. January 10', this timely appeal
was filed, relating specifically and only to the inclusion of Condition No. 5 of the
Planning Commission Resolution. That condition reads, or requires the connection
of units in the park to the sewer system prior to sale of the units. The appeal by the
Applicant basically challenges the City's legal basis to impose the condition
requiring that the park be connected to the sewer system. The City Attorney, in his
response to the appeal, and it is a report, a report from the City Attorney is included
in your packet, determined that State Law allows the City to impose the condition
requiring connection to a the regional sewer system, if the City finds that the
sewering is necessary to mitigate an existing health and safety condition.
Testimony on the Planning Commission record supported inclusion of the condition
because of the age of the system, and the nature of the system is such that even
when it operates perfectly, it does not remove salts or nitrates, which are a threat
to underground, to groundwater resources. The staff recommendation before you
is that you deny the appeal, affirm the decision of the Planning Commission, subject
to conditions, and that you amend Condition No. 5 to read as was prescribed in the
City Attorney's report, and I will read it for you: "Prior to recording of the Parcel Map,
subdivider shall enter into an improvement agreement, committing subdivider to
install parkwide sewer infrastructure to connect to the public sewer system within
one year. Each unit sold during the first year of the improvement agreement shall
be connected to the sewer system within the first year of the agreement. After the
first anniversary of the agreement, each unit shall be connected to the sewer prior
to sale of that unit." That would conclude my report. There are people from the
Water Quality Board and Coachella Valley Water District here to speak more
specifically to the issue of the necessity of the connection to the sewer system. If
you have any questions, I'd be pleased to try and answer them.
BAC Questions from members of the Council? There being none, I would then open the
public hearing and begin by asking if the Appellant wishes to address the Council.
SL Good afternoon, Honorable Mayor and Councilpersons. I'm Sue Loftin, 5760 Fleet
Street, Suite 110, Carlsbad, California. I'm the attorney for the Applicant, and we
have a prepared presentation this afternoon. The first speaker will be Larry Owens,
an expert on sewer systems in general, and this system in particular.
LO Good afternoon. My name is Larry Owens, I live at 77-545 Robin Road, Palm
Desert. I've been in the construction industry for a little over 30 years, and 20 years
of it right here in the Coachella Valley, many years working with septic systems in
particular. We've spent the last 10 years working with the system up at Indian
Springs; we've brought it up to compliance with the Water Quality Control Board and
met all of their criteria. It's my belief that the system works fine, and it will continue
to work fine with the proper maintenance. I don't see anything that would show us
that it does contaminating [sic] the groundwater, and I believe that it works correctly.
Thank you.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
BAC Thank you, sir.
SL The Applicant would like to incorporate all of the testimony from the December 7`h
and December 29`h hearings, all written materials submitted to the Planning
Commission, including without limitation, correspondence from Gilchrist & Rutter,
letters dated 12-6, 12-22, 1-31, and 2-4, and a letter to be submitted to confirm my
testimony tonight and dated 2-10, Tri-Star letter dated 12-03, James & Associates
letters dated 12-2 and 12-21; the binder showing, that we submitted, showing
compliance with all requirements, which forms the factual basis for the testimony
this evening. First of all, with deference to the City Attorney, we do not believe that
the condit-, that the requirements of the statute have been met; 66428.5 is a very
specific Government Code Statute relating to mobile home parks. Subsection D
requires that you find an existing health and safety issue in order to condition the
project for an off -site improvement. That section starts out with, "The Council shall
not impose..." unless those things are found. First of all, the health and safety, the
septic system is located solely on the property, and as to the existing residents,
there is no evidence to establish that there's an existing health and safety issue as
to them. To briefly reiterate, it is our legal position that as to on -site improvements,
this Council does not have the authority to condition the map. In the prior, the
report that was before you left out some rather interesting comments from
Mr. Angel, who stated in the transcript of the December 29th hearing at page 9,
lines 24, 25, that Mr. Angel stated, "This system is upgraded," referring to Indian
Springs; the system has recently been upgraded with the expenditure of $300,000.
The report also contends that Mr. Angel stated that the system does not have leach
lines. The system was built 30 years ago with leach lines and continues to have
leach lines today for filtration. The evidence of that is contained in the materials that
we submitted to the Planning Commission, specifically the "Binder of Compliance."
The report also failed to mention that Mr. Angel stated in the 30-year history of
Indian Springs' septic system, only a single complaint has been lodged, and there
have been no serious compliance issues. Quoting from the transcript, page 14,
lines 19 through 24, "In fairness to the owners of the site," Mr. Angel stated, "they've
been responsive to our concerns." The report also indicated there was no evidence
regarding the level of nitrates. To the contrary, Mr. Angel stated, "The wells are
tested regularly," and he conceded at the hearing that "the nitrate levels for this
septic system are low" (transcript page 20, lines 25; page 21, lines 1 through 6).
The Planning Commissioner asked him whether there was any evidence that this
septic system will cause water quality damage, that question was asked twice.
Mr. Angel stated there was absolutely no evidence that the park's septic system will
cause any groundwater damage. So in terms of the on -site performance, we have
submitted evidence clearly establishing through the binder that the history of the
compliance and the condition; we have submitted Mr. Owens' testimony that the
system is working, it's maintained well, and will continue to work well through the
years. So it does not present a current health and safety issue to the existing
occupants, for which you are not authorized to provide a condition, and there is no
evidence been presented that there is an off -site current existing health and safety
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
issue. Without reiterating our position on the non -applicability of Ordinance 743,
Chapter 8.60, it is likewise our position that that ordinance does not apply to this
particular project. We have gone out and gotten bids on what it would cost. Low
bid is $4,270,000; high bid is $4,800,000. That's a lot of money to put in a septic
system that the residents will ultimately pay for; and in our estimation, that's clearly
shows that it's not feasible under your ordinance, assuming that it did apply. We
have met all compliance requirements. What the Applicant and, indirectly, the
residents are being asked to do is far more than what has been requested of other
residents in this city. Looking at the map, if you notice, this is a private property; the
septic system is privately owned, and the roads, in order to install the septic system,
have to be torn up and then main lines installed. Your ordinance as it applies,
applies to homes where the main lines are already in the roads; they don't exist
here, you're asking a private party to do something that the City has done for other
resident groups and other neighborhoods in the area. What those people have paid
for is the hook-up from the home to the line in the street. As a result, it is also our
opinion that this is overbroad, and it's requirement as to this specific property, which
is being converted to a condominium, your ordinance specifically speaks to the
issue of privately owned septic and sewer systems and gives a mechanism to
exclude those. Having said all of that, the Applicant certainly understands the goal
of the City is to do away with septic systems within the City, and the Applicant has
been attempting to work through the City Attorney's Office to come up with a
resolution. You will hear that there's a need for the resolutions from the residents.
You'll hear things like, "Well, they pumped my system," and that's true --they pump
once a year —some of them they pump two or three times. That is more than is
required for compliance. That's part of the maintenance program. You will hear,
"Well, there's overflows," and that's also true, the same as with any sewer system;
the overflows come from dripping faucets, running toilets that run, people putting
things down that are incorrect, roots that get into the system —in a 30-year-old sewer
system, you have roots in that system as well. Those problems are timely taken
care of. So with that, I would like to invite Mr. Paul Selzer, who is going to speak on
behalf of the Applicant in hopes of recognizing the City has a goal. The Appellant
has rights, and, in our opinion, this, the way the resolution is written, is invalid, and
the obligation is not defensible; and the residents have concerns that if it's not
addressed now, they'll be standing here in the future. So with the three parties
having an interest in moving forward on the project, I invite Mr. Paul Selzer.
PS Mr. Mayor, Members of the Council, my name is Paul Selzer, and I do represent the
Applicant. As you've heard, we think it's pretty clear that the existing system meets
all legal requirements at the present time, and presents no current danger to the
water quality of the area. Therefore, we think it's also just as clear that you have no
legal authority to impose the condition. The issue, however, that I'm here to speak
to you about is this, and that is, if we should, if a decision were made to proceed
with this process, how would it be paid? How would it be paid? Because it's clear,
the numbers we have indicate that the cost of this system, the main trunk lines
down the streets, as well as connecting to the system, will be in excess of $20,000
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
per lot —between $20,000 and $25,000 per lot. We also recognize that over some
period of time, it is, it is likely that sewers may, may, may be required. And
secondly, we're not anxious to get into a legal controversy with the City. We would
like to try to find a way to work this out that's equitable, fair, efficient, and effective.
Therefore, on behalf of my client, I'd like to state that we are willing to enter into
discussions with the City and the Coachella Valley Water District to find the, that
method. What we would propose, apropos and in conformance with the previous
speaker, is that the City undertake the construction of the main line system, and that
each lot, as it is sold, bear the cost of hooking to that system. We think that's
consistent with the way the City has operated in the past. We think it allocates the
burden of, of, of, of hooking to, up to the system in a fashion that's consistent with
the City policies but does not impose an incredibly large burden upon the individual
property owners, who will, in one (unclear) or another, either in terms of increased
rent or, or an increase in the purchase price should we sell the lots. So we would
respectfully request that you consider that, that alternative, and if you have any
questions, I'd be happy to attempt to answer them.
BAC Mr. Ferguson?
JF Let me see if I understand your alternative. The park owner would pay nothing, and
the City and residents would split the costs?
PS Pardon me?
JF Your offer of settlement that the park owner pay nothing and that the City and
residents split the costs in some proportion?
PS In some proportion, keep in mind, however, that if we were to sell all those lots at
one time, that's not the case. My client owns all of the lots at the present time. We
are the lot owner.
JF Okay. Well you said everybody had an equitable interest in resolving this. What
is the park owner's contribution towards this resolution?
PS Again, contributing to the cost of connection.
JF Of all the individual parcels or the main line, or is that one hundred...
PS What, what, what, Mr. Ferguson, what we are proposing, again, which we think is
consistent with the policy of the City at the present time. The policy of the City is if
you're within so many feet of the, of a sewer line, you've got to connect.
JF All right.
il
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PS We're willing to do that. Unfortunately, there are no sewer lines within that, within
that range in our park. So, so, so that, so that, that main line system has, has got
to be constructed. We think that the burden that the Planning Commission has
attempted to place on this particular project is far in excess of what it normally be
required.
JF Okay. And, again, I'm not trying to settle it now, I just want to understand the
parameters.
PS Yes.
JF The park owner would contribute something, the residents would contribute
something...
PS That's correct.
JF I'm just saying something, because that's yet to be...
PS The something is yet to be determined.
JF Looking for the City to also contribute something.
PS That's correct.
JF Okay.
PS Thank you. Any other questions?
RAS I have one, Mr. Selzer.
PS Yes, sir.
RAS I happen to live on the south side of the City. And I guess it was 17-18 years ago
that the sewer line was put down my street, I live on Bel Air. And the City paid for
part of that, but they didn't pay for all of that. They paid for a portion of it, and the
residents that live on that street had to pay for the rest of it —they could either pay
for it in a lump sum, or it could be put on their property tax roll. Then when a person
sold their house on Bel Air, before they could sell it, they had to tie in, that was the
residents' responsibility. So twice tonight I heard that the City provided the money
for the trunk lines going down the streets, that was not true on Bel Air, they provided
part of the money.
PS As I've indicated, we're willing to enter into discussions with the City to work out a
fair and equitable fash-, a fair and equitable solution for everyone. Thank you, sir.
Thank you, gentlemen.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
SL In conclusion, the proposal that's kind of been talked about is simply something that
we've discussed. There's a lot of different alternatives to resolving it —assessment
districts and things —we would like to request at this hearing that you take the
evidence and, perhaps, continue the decision to give all of the parties a chance to
sit down together to discuss and come back to the Council with either an agreement
or not agreement, but to give us the time where we can sit down with the City, with
the Water District, the residents, and ourselves all present to see what's, what can
be worked out. With that, we have Anne James who's here, she's president of
James & Associates, she manages the company and would be happy to answer
questions. Richard Close from Gilchrist & Rutter is also here, and he will be
handling rebuttal. Thank you for your consideration.
BAC Is there anything else, then, from the Appellant?
SL Not at this time.
BAC Thank you. And we'll see whether anything further is necessitated, and did you
have a request for how much time you wish to have in the continuance?
PS (From audience — unclear on tape, but City Clerk's notes indicate the response was
something to the effect: 30 days or to the first meeting in March.)
BAC Thank you, sir. I was also told by staff in their presentation that there are
representatives from the Coachella Valley Water District and the Regional Water
Quality Control Board who are with us this evening. If any of those people wish to
offer comments, now would be an appropriate time.
JA Mayor, Councilmembers, good afternoon, my name is Jose Angel. I am the
Assistant Executive Officer for the California Regional Water Quality Control Board.
What I'd like to do today is primarily two things. One, provide our perspective on the
situation as it relates to water quality, but more importantly, provide you with some
facts so we can help you guide your decision and give you a perspective as to why
we believe at the staff level that it's a good idea to recommend that the systems be
hooked up to the collection system at the earliest practical date. I'd like to cover
three main topics. The first one, give you an overview of what we're dealing with.
1 think it helps to put things into context as to what is being discharged into the soils
and underlaying aquifer. And more specifically, provide you with factual information
as it relates to the regulatory history of the site, and discuss potential policy
implications, and by that, I mean Water Quality Control policy implications.
Together with me today is Mr. Charles Springer, he's the staff, one of our
associates; he's the staff responsible for the day-to-day oversight of the facility. We
have a permit on the facility, and he can talk about the specific details on
compliance issues. And, I want to apologize, Council, the information that I
provided during the Planning Commission hearing as to whether or not they have
leach lines or leach fields, unfortunately, it was exclusively based on the statement
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
provided by your client on, in May 16, 1997, but it's an important distinction because
leach lines versus seepage pits operate in different ways. But nevertheless, it
wasn't factual. What we have out there at the site, essentially, you have over 190
mobile home parks that are hooked up to a septic tank, and that's one of the two
key components of the treatment system, and the other one being the disposal
area —be it leach lines or a seepage pit. In any event, as the wastewater is
discharged to the septic tank, the septic tank is a simple clarifier —separates the
solids from the liquids. The liquids are dispersed into the disposal system, be it the
leach lines or, or, or the seepage pits. Eventually, the clarified waste reaches, at
one point or another, the underlaying aquifer, in this case, there's no aqua -tars(?),
there's no impervious layers that prevent the wastewater. The site has been
operating for about 30 years, and I would hope, please keep that in mind, because
it has significant bearing in assessing the threat to water quality. The soils do
provide some level of additional treatment of, to what comes out of the septic tanks,
but they do not provide any significant substantial treatment when it comes down
to certain constituents of concern, primarily salts. Salts are dissolved in water, they
tend to move by attection (?), and eventually, they reach the aquifer. Nitrates is one
of those salts. This is not new technology, it's ancient technology —the main criteria
for picking this type of treatment system, as opposed to another, are three main
factors: 1) they're simple; 2) they're relatively stable; 3) low-cost — not necessarily
for their efficiency in preventing water quality problems. Some of the constituents
of concern for us are, like I mentioned before, primarily nitrogen, volatile organic
constituents. By the way, I'm also a registered civil engineer; I have about 16 years
of experience in dealing with water quality control. It was stated on the record that
the site has complied with all of our requirements. And as a matter of fact, the site,
the, the owners, and I was the first to acknowledge that, the owners of the site have
been responsive. And in my opinion, very responsive to the concerns that we have
brought to their attention. But by the same token, there have been water quality
problems or concerns, and that's what they have been responsive; it would not be
fair to say that the site has been, has met all of our regulations consistently. I
handed out, not the entire record, but a good number of notices of non-compliance,
and these are public records, that deal with some of the operation and
maintenance, and some of the non-compliance issues we have had at this site. But
again, the discharger has been responsive, but he has been responsive to water
quality concerns that we have raised in relationship to the permit that my Board has
on this site. Yes, sir?
JF On the previous page dealing with disposal systems, you have VOCs, which I
understand are volatile organic constituents. What...
JA I'm sorry. I take for granted that all of you are bureaucrats and do the same kind
of thing that I do. It stands for Constitutents of Concern.
JF Okay. And you said it's not very effective in dealing with all of these.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
JA No. The, the, the tank itself, the septic tank, its primary function is to clarify the
wastewater — to separate the solids from the liquids. If you get additional, one
would get additional treatment in discharging to the leach field, and it is, within the
soil there's additional filtration and other natural processes that remove some of the
constituents, but they do not remove all of the constituents. I'll give you an
example. I'll pick a volatile organic constituent, 1,4-Dichlorobenzene. That's a very
persistent constituent. It's typically found on deodorants that one adds to their
toilets; once you flush the toilet, it eventually ends up in the septic system. It goes
through the septic system, it goes through the leach field, and eventually has the
potential to reach groundwater. There's nothing preventing it from, the, the, the
soils do not remove those constituents, and a lot of times, they're in gas form, and
they move faster than water into the aquifer. On the other hand, some of the things
that are removed by the soil is pathogen, bacteria, there's benign bacteria within the
soil matrix that attacks pathogens found in the wastewater. Again, this gives you
an overview of the magnitude of the problem that I'm trying to convey to you, and
what we're dealing from a regulatory perspective, Mr. Springer can add to that,
perhaps, Charles, do you want to add? Thank you. I'll come back and wrap things
up at my level. Thanks.
CS Good afternoon. My name is Charles Springer, I live 8523 Golden Meadow Drive
in Yucca Valley. And I don't know if most of the people in this room are aware that
Yucca Valley has a very serious problem with nitrate pollution. And as a result of
that problem is caused due to septic tanks; there's over 10,000 septic tanks in
Yucca Valley. And as a result of the continuation of the discharge of effluent into
the ground, the soil is very permeable, this sandy soil in these desert areas has a
very high rate of infiltration. And so what you flush in the toilet will end up in
groundwater within, if it's 200 feet depth to groundwater, within six months. And so
that means that if the septic tank is not properly maintained, and there's a lot of
nitrogen in that septic tank due to the fact that it hasn't been pumped, then you're
going to get this flushing of this nitrogen that's going to end up in the groundwater,
and that's what's happened in Yucca Valley. And what's the actual remedy has
been is they've had to install, that is High Desert Water District, has had to install
a nitrate water treatment plant, and the cost for operating that plant is about 10
times the cost for operating a sewage treatment plant. And I don't think Palm
Desert wants to face that situation. Now in this particular park, we're talking about,
about 45,000-50,000 gallons a day; however, we need to recognize that this park
was originally built around 1972, from what I understand. It's been in operation for
over 30 years. Now, in my record going back to December 3, 1998, I wrote a Notice
of Non-compliance to the managing company, Anne James, James & Associates,
and I indicated that only two of the 46 septic tank systems were accessible for
pumping. And so that meant the other 44 systems had not been pumped up until
that date. And then going on through the record, it wasn't until, let's see, it was
about December 31st, 2001, I wrote another Notice of Non-compliance. Now I had
requested a workplan back in 1997 when the general permit was issued, which the
general permit required that all the systems be accessible for inspection and
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
pumping, and they had made agreement, it was a difficult trans-, transaction, but
they agreed over a five-year plan to have all the systems made accessible,
approximately eight systems per year. Now in December of 2001, they hadn't kept
that workplan schedule, and at that time, staff observed that only six of the septic
tank systems at this park were made readily accessible for inspection and pumping,
so that meant that almost 40 sys-, well 40 systems still were not accessible for
pumping. And when you have this length of time, you're going to have a build-up
of nitrogen in the soil. And every time you flush the toilet, you're pushing, that water
is pushing that nitrogen down deeper into groundwater. And it wasn't until the end
of 2003 before they finally came into compliance and had all of the systems made
accessible. So you can figure over 30 years of this high concentration of nitrate
continually going into the ground and ending up, after six months, in groundwater.
Now there are no monitoring wells, there are no wells, really, within a mile or so of
the property, so there's no way to determine the impact that this facility, that the
septic tanks have had on groundwater. Now if we continue with septic tanks, this
situation will continue because you're pushing this nitrogen that's in the soil into
groundwater. And the other concern is what Jose had mentioned about 1,4-
Dichlorobenzene. Now you would think, well that shouldn't be much of a problem,
but if I asked the people in this room to raise their hands on how many people are
using these little sanitation tablets in their toilets, I, from what I've seen and heard,
about half the people would raise their hands. So it's a very common practice to
use Bowl Fresh or these other sanitation tablets that contain almost 100%
1,4-Dichlorobenzene. Now what 1,4-Dichlorobenzene does, it's not only a
hazardous waste, but it also kills the bacteria in the septic tank so that the septic
tank bacteria cannot properly digest the waste. And so the effluent that goes out
into the leach field or seepage pits, and there are a few seepage pits at this facility,
will then have a higher content of total nitrogen. And that total nitrogen, when it
reaches groundwater, then converts to nitrate. And so if this facility is allowed to
continue discharging from septic tanks, the groundwater is going to only, it's going
to be polluted to a greater extent. And so the only way to stop this pollution is to
require that these septic tanks be eliminated and that they connect to the sewer.
Does anyone have any questions? Yes.
JF Back one more slide. It's the Constitutents of Concern, 96-04.
CS Yes.
JF You have right-hand column, WQO Standard, which I was (inaudible)...requirement.
CS Right.
JF You have Indian Springs Mobile Home Park Discharge, and I'm assuming this is
data that you have gained from conducting a site inspection at Indian Springs?
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
JA Not, not, not exactly, Mr. Ferguson. This is monitoring data that the discharger
collects and is required to collect and sends it to us. This, this gives you, what we
did is review all the monitoring reports that they sent us so as to give you an idea
of the range of concentrations that have been found in the discharge to the leach
fields since 1996 to the last monitoring report in 2000.
JF So for the first one under Nitrogen, what does the WQO Standard (inaudible)...
JA That stands for the "Water Quality Objective," and we apply the most stringent water
quality objective for the purposes of enforcing the permit. In this case, that's the
drinking water standard of nitrogen.
JF Okay. Then you have 5 to 70?
JA That's the range of the concentration found in what goes, what comes from the
septic tank and goes into the leach field.
JF Okay. And this is data from Indian Springs?
JA That's correct, sir.
JF Okay. So when we get a memorandum from the attorney for the park owner that
says, quoting you at a Planning Commission hearing saying that you don't have any
evidence of contamination.
JA I think it was in the context of groundwater data, in my opinion, but I don't mean to
speak for counsel. What I understood the reference...
JF No, no, I'm just, I'm troubled by that comment that there's no evidence. It seems
to (inaudible)...
JA I'll, I'll, perhaps I can add to that, why I believe it is a good idea, and I was going in
that direction, if I may.
JF Okay. Sony for interrupting.
JA Thanks. No, no problem. Thanks. Thanks, Charles.
CS (Inaudible)
JA Go ahead.
BAC Sir? May I ask one question as a follow-up to his?
CS Yes, sir.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
BAC That is, the data that are listed in the center column here are the report from the
park owner, park employee, right?
JA The operator, that's correct.
BAC Right. So this is not data that is collected independent, and, therefore, collected by
someone that has no...
JA It, it, it, we've, it's a self -monitoring program, sir. It's a self -monitoring program.
BAC That's what I mean, so this is collected by people who work for the owner.
JA It, it, correct.
BAC Thank you.
CS I would just like to add one more point. First of all, to understand a septic tank, how
it functions, it's only a primary treatment system. It's not like a sewage treatment
plant where you have secondary treatment, and so therefore, we have set the
standard for nitrogen at 100 milligrams per liter, and so that's why they can say they
net that standard. However, that's 10 times the standard required for a sewage
treatment plant. It's impossible for a septic tank to discharge an effluent that has
10 milligrams per liter. In fact, most of the time, if you have a good operating septic
tank, if you can get the nitrogen level down below 50, you're doing very well. Now
the other concern, too, is that we continue with waste discharge requirements for
this facility. We have new regulations that are going to be coming from the State
Board in Sacramento, and if these regulations are implemented in the next couple
of years, there has been talk about requiring monitoring wells. And if monitoring
wells are installed and show that the nitrate levels exceed the California Drinking
Water Standards, then the park owners will be responsible for cleaning up
groundwater and installing a nitrate water treatment plant. Thank you.
JA I'll give my perspective — sometimes we throw terms kind of lightly, and, but I have
problems with some of terminology that we're using myself. Pollution has legal
connotations; and I want to make sure that the record is clear as far as from my
perspective. I do not have evidence of pollution; otherwise, I wouldn't even be here
today. That's an enforc-, important distinction for me. It's my second day, second
day on the job, anyway.
(Laughter from audience.)
JA What I'm talking about is the actual threat to water quality and degradation of the
water supply. The test for us is to what degree the degradation is unreasonable.
We all acknowledge that there is degradation when you have a septic tank, because
you're certainly not enhancing water quality, you're certainly not diluting it and
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
improving the water quality, so there is some degradation because you're adding
constituents of concerns. But pollution has a very, a, a, legal definition that kicks
out another set of regulations and laws, and I'm not, I'm not there yet. This gives
you an overview of where the park is in relationship to the beginning of the
metropolitan area. And the markings with the "W" index, those are wells that at one
time or another were operated by the Coachella Valley Water District, and those
wells are out of service, or they have been transferred for uses other than municipal
supply. And the reason being is the nitrate levels of those wells. This is information
provided to us by the Coachella Valley Water District. You should not take this to
mean, however, to an extent that the septic systems at the site by themselves have
caused all this other problem. There's other sources or potential sources of
pollution; but needless to say, they are adding constituents of concern to the water
table. And this gives you an idea of the impairment. This is not current data, and
the reason why it's not current because the wells have, have, are out of service now
for the purpose of supplying drinking water. And you look at the nitrate
concentrations, and to me, it's an indication that if nothing else, if nothing else, the
existing system deserves more regulatory scrutiny from my agency. And on my
level, I can safely tell you that the current waste discharge requirements, the current
permit that we have for this site, in my opinion, does not accurately assess the
threat to water quality. What our parent agency may do or may not do with
proposed regulations, I will not speculate, because they change from day to day.
I can tell you what I can do at my level and give you my professional opinion what
I believe is safe for me to take before my Board or to my boss. Here, here, here's
where the rubber meets the road for me. In assessing to what degree the existing
systems are operating without posing a significant threat to water quality, I look at
these factors. The volume of the discharge; this has been a continuous discharge
for 30 years. So you have a continuous hydrolic head pushing constituents down,
as Charles eluded. The density of the disposal systems out there. You have about
three, what it would be equivalent to three to four disposal systems per acre. More
acceptable standards, and, and, and, and you have to take other factors, all things
being equal, you're looking typical densities of about two systems per acre. So you
have, in some cases, double the amount that ordinarily would be suitable for this
site. Looking at the, you have to consider whether the water under the disposal
systems is used for municipal purposes, and it is; and that raises the level of
concern for me. Thirdly, or fifth, the discharge, meaning the discharge from the
seepage pits and leach fields, is not downgradient, it's upgradient of all the wells,
meaning that water, wastewater from there is going to go towards the wells. So we
pay now or we pay later, later as far as I'm concerned. Given the proper amount
of ti-, yes sir?
JF The third item, depth to groundwater 200 feet.
JA It varies from 2-, 2-, 200 to 400 feet in that area. But I look at the first encounter of
water out there.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
JF What should it be?
JA Well it's just about 200. It varies because of the terrain.
JF And this should be downgradient as opposed to upgradient?
JA Well, well, you, you, you have potential pollution upgradient if you're going to site
septic systems, get them away from your wells, not, not move the pollutants towards
your wells. And I'm not suggesting we polllute them, I'm just suggesting that you
have indications that this, this thing is probably not, in retrospect, a good site for this
type of systems. You basically have the system within a metropolitan area, whose
primary source of drinking water is the water to-, the groundwater. And, and, and
more importantly for my purposes, because I'm going to talk about what we can do
and what we can do at my level, at the staff level. The operation and maintenance
problems, and I share with you some documentation that gives you an idea as to
what kind of problems we have had out there. Again, inaccessibility of some of
these tanks. It's important because it's an indication to us as to whether or not the
systems are being pumped periodically and whether or not the solids, which have
also a lot of nitrogen, are being removed from the systems and not discharged into
the subsurface. More importantly, and this is information that I didn't have when I
provided testimony before the Planning Commission, failures. I was under the
impression there had not been failures. There have been failures of seepage pits,
and that's why they're replacing them. And it just begs to reason, it seems to me,
and I offer this for your consideration, if anyone here tells you that septic systems
can work properly in perpetuity, I think we should do away with all our wastewater
treatment plants, because as a taxpayer I can tell you, that I would subscribe to that
philosophy. They just don't. It doesn't work that way. Even if you don't take that
as a matter of act, and you shouldn't, you should come to your own conclusion, you
look at the piping, I bet you that no manufacturer's going to guarantee you to those
pipes for more than 25 years or 10 years, some of them, even Tess. So you are
going to have problems, and yes, they require a lot of maintenance, and yes, the
discharger has been responsive, yes, but there have been problems out there. And
the fact that we have several supply wells already polluted, impacted, is a
consideration for me. We have a Water Quality Control Plan for our region, and
that's like a Bible for us; it tells us this is the water quality objectives you need, you
need to enforce, and this is how you enforce. The Board Order that regulates this
site is outdated, and it's under review at my level. Provisions in the Water Code,
however, prevent our Regional Board from banning the discharge from septic
systems unless we meet a substantial evidence, and I'm going to go over that,
because I think there is a distinction as to what evidence I need to meet versus what
factors, in my opinion, you need to consider. I need to demonstrate, substantially,
on the record that the discharge from the leach fields, in order for me to ban the
septic system, for our Board to consider a ban, that they're actually violating Water
Quality Objectives. The law doesn't say this, this factor weighs more than this other,
it just says these are the factors that the Board needs to consider. I need to show
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
that the discharge, it is impairing, or has the, or, or current beneficial uses or
potential beneficial uses of the, of the water table — that is causing pollution, and
that's why I wanted to be cautious how we threw out the word pollution. I would not
use that word. There is degradation, absolutely. And that is going to be cause
unreasonable degradation of water supply. But if you look at one of the factors that
I need to consider there, it's also failure rates, land use, the density of the systems,
and, again, at this level, I can feel comfortable taking this matter, if not necessarily
for Board action, regardless of what your decision is, for direction. Because I have
had failures out there. And, again, just to sum up from my perspective, the site has
had non-compliance problems, the age of the system, for me, is a consideration.
They have been upgrading the system, but they have been upgraded it on a
responsive mode, in my opinion, and there is a significant difference when you
respond to a problem as opposed to you replacing or some other schedule to get
ahead of the game. There is evidence provided by the discharger, to us, on the
effluent sampling, the, the effluent that goes into the leach fields, that the discharge
has constituents of concern that ordinarily are not removed by soils. So to sum up,
in my professional opinion, the discharge from those system do pose a significant
threat to water quality, and that's why I was suggesting and supporting to the staff,
to the Planning Commission that I support the staff recommendation. I have the
indications, no matter what your decision is, that it is a problem for me, so I'm not
trying to delegate the areas of responsibility. We need to step in from a water
quality perspective; still, the fact that the system may be, that, that, the systems may
be connected to the collection system goes a long way in addressing our
fundamental water quality concerns — you're removing some of the sources, driving
some of those constituents. But I still have a water quality concern out there that
I need to elevate to my Board. I'll be happy to answer any questions.
BAC From Members of the Council? If not, thank you, sir, for your concern for public
health. Thank you for your concern for accuracy and truth and being quoted
properly.
JA Thank you, sir.
BAC Is there someone here from the Coachella Valley Water District?
SB Mr. Mayor, Councilpeople, thank you for inviting me here to talk. And, don't want
to — oh, Steve Bigley, Water Quality Manager for the Coachella Valley Water
District, Avenue 52 and Highway 111, Coachella, California. You've heard a lot
about the septic systems, and I'd just like to say that septic systems are very cost
effective ways to address wastewater in low -populated rural areas. They, they were
never intended to be used where centralized sewer systems are available in high -
density, high -populated areas. And there are many studies indicating that there's
a strong correlation between the density of on -site sewage disposal systems and
nit-, groundwater contamination, particularly nitrate. A common procedure used at
communities throughout the country is to limit the densities of septic systems,
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
typically to two or Tess per acre; and this site does exceed that. I would like to also
mention that centralized available sewers are available along the both the north and
east perimeter boundary of this parcel. Nitrate is the most common groundwater
contaminant, and I want to reassure residents of Palm Desert that Coachella Valley
Water District has always met this drinking water standard and will always continue
to do that. The, in fact, nitrate is the most monitored chemical that we do in
groundwater, and that's particularly because it can have an acute health effect to
infants under the age of six months — an infant's stomach doesn't have enough acid
in it to convert, keep the nitrate from converting to nitrite. Nitrite can be absorbed
in the infant's bloodstream and block its ability to absorb oxygen and carry it, and
it can cause what they call "blue baby syndrome." So it is a very regulated
contaminant. We, the drinking water standards are very protective, and for over 30
years, there's been no inci-, no fatalities, no Tong -term health effects in the United
States because of that drinking water standard. So it is very important, and it is very
protective of the population. The Palm Desert Cove is particularly vulnerable to
nitrate contamination — the porous soils, the geology was talked about. The,
because there is a slope there, and the aquifer that we have in the middle of the
Valley is condensed into a smaller area, so the aquifer has a much smaller capacity,
so it becomes more vulnerable, especially since there is very little recharge to that
portion of the Valley, so there's less pure water to dilute with other sources of
nitrate -contaminated water. So you'll see the effects of nitrate contamination more
readily in an area like the Cove, and the same type of problem has been seen in the
Cathedral City Cove area, which is also being addressed by converting to the sewer
systems. And in regards to the wells, you saw a map, we have inactivated about
10 wells, over half of those wells were wells, old wells that were shallow that we took
over from other water systems. So it's likely we would have had to replace those
wells. We have drilled deeper, better wells away from the Cove area, and those are
the wells that are now supplying our areas. Those wells were inactivated sev-, in
the 1970s, '80s, and '90s, that group of wells all went out of service. So now we
have no wells south of Highway 111 in the Palm Desert Cove area that's active. Do
want to clarify, important to recognize that there are other sources for nitrate in
groundwater, as was mentioned. On -site sewage disposal systems are just one,
there are other sources. Identifying the sources of nitrate is cost prohibitive; it's very
expensive because there are multiple sources, there's mixing, you can do nitrogen
isotope studies, they're very expensive, you need lots of monitoring wells, and it's,
it's difficult to identify a specific responsible party for nitrate contamination in our
groundwater basin. We, we'd just like to...
JF Mr. Bigley?
SB Yes.
JF Difficult but it can be done, can't it?
SB Oh, yeah, yeah, yeah, there are ways to do that.
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REGULAR PALM DESERT CITY COUNCIL MEETING
FEBRUARY 10, 2005
JF You say expensive, what are we talking about, what magnitude?
SB I guess it depends on the deep, the depth of the aquifer...
JF If we go back into these well sites, can we test for nitrates?
SB See, our domestic wells are screened over a large screened interval. They draw
water from a large portion of the aquifer. Monitoring wells are drilled in a way that
draws water from a very discreet part of the aquifer, like the uppermost portion of
the aquifer that is more likely to be contaminated from something moving down the
groundwater table. So domestic water wells are not, the purpose is not conducive
to determining the source of a contaminant. So monitoring, that's why they have
monitoring wells, they screen them at different portions of the aquifer so it gives you
the information of knowing, is it something that's coming from the geological
upwelling, or is it something coming from...
JF Okay. Fair enough. I probably picked the wrong vehicle, but if one wanted to see
if Indian Springs Mobile Home Park was a source of groundwater contamination, it
could be done.
SB Yes. And in fact, that has been done, Desert Water Agency did similar tests for the
Cathedral City Cove area to identify human pathogens and nitrate in the groundwa-,
shallow groundwater basin, which identified septic tanks as the source. We, we,
with the density that you're looking at, we clearly recognize the Indian Springs
Mobile Home Park as a, an increased vulnerability to the groundwater basin, clearly,
and we welcome the opportunity to receive that wastewater in the future, to reclaim
it, and recycle it for golf course irrigation in the future. That's all I have. Any
questions?
BAC I, I'm sure you just forgot to say that you were welcoming also the chance to
contribute to the process of collecting it.
(Laughter from the audience.)
SB In fact, we will facilitate the creation of an assessment district, that process is used
routinely to fund these types of projects.
BAC Thank you, sir.
SB Mmm hmm.
BAC (Inaudible)...public Agencies here this evening who wish to offer comment? There
being none, then it's time for public comments, and there are a number of people
who passed in cards, but rather than going that way, if you wish to offer comments
this evening, please step forward and identify yourself by name and by address.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
PB Good afternoon.
BAC Pull the microphone down just a little bit, and it will be more comfortable.
PB Is that better?
BAC It is for you.
PB Thank you. Good afternoon, Mr. Mayor, Councilmen, my name is Pat Bell, I live at
49-305 Highway 74, Indian Springs. I'm currently the president of the Indian
Springs Homeowners Association, and I'm here today to speak on the behalf of all
the residents of that park, not just the members of the Association. I've sat here for
an hour, listening to all the facts and figures that were given, and I can't really add
anything to that, indeed, I'm not here for that purpose. I'm very gratified that those
people spoke up, essentially, I guess, on our behalf, because that's where we
stand. We need to be connected to the sewer. This is a senior park, it's old, and
still lovely, generally well maintained, and many of the original residents still live
here. Presently, we're struggling with our way, our way through the, a condominium
conversion crisis. This septic system issue is the first, but perhaps the most cos-,
costly of many that are ahead for us. Last month the Planning Commission heard
from many of these seniors who had experienced trouble with the septic system.
It is almos-, it almost always entailed pumping, a big mess, discomoding the
resident, and polluting the lovely air that this desert is so famous for. Yes,
management was quick to band -aid the breakdowns, and yes, the inspection
records detail only minor infractions; although, I heard more than that today, and I
was surprised. But that's tantamount to putting new hinges on the outhouse door.
(Laughter from audience.)
PB This septic san-, this septic system is obsolete because it is old and not so lovely.
This septic system adequately served weekenders about the same time as Palm
Desert became incorporated, in 1973, that's 30 years ago, and so what I'm saying
today is this is about water and about pollution, but perhaps I'm not supposed to
use that word. Maybe I should say potential pollution or contamination. Coachella
Valley cities have always been aware of the fragile nature of this desert, from the
Salton Sea to the windmill farms in the Pass, coexisting with the environment has
always had to have been a prime concern, particularly the water. Millions have
been spent protecting our water sources, and that's why Palm Desert Ordinance
743 insists on the replacement of this old polluting system. That's why California
State Code insists on the replacement of this old polluting system, and so do we.
It is our hope that this City Council will deny the Applicant's appeal, thereby
affirming the Planning Commission's unanimous decision to approve Case Number
PM, maybe MP, 31862. I ask that this be entered into the permanent record, and
thank you for your kind attention to this detail.
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REGULAR PALM DESERT CITY COUNCIL MEETING
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BAC Thank you, ma'am.
PB Do you have any questions?
BAC Are there questions from Members of the Council? No ma'am. Thank you...
PB Thank you.
BAC ...very much for your comments.
PB Thank you.
BAC Are there others in the audience who wish to offer comments on this item on the
agenda? Okay, there being none, I'm, is the Appellant desirous of a brief moment
of comment?
RC Ah, yes, my name is Richard Close, Gilchrist & Rutter, 1299 Ocean Avenue, Santa
Monica, California. Couple observations — first and foremost, the question today is
what authority does the City Council have. What we heard is, from the public
agencies, a lot of conversation of what would make things better. It's much like
saying, "What would make Route 111 better?" I guess wider, underpasses, grade
separation, that doesn't mean 111 is unsafe, it could be made better. But that is not
the legal standard that this City Council must comply with. City Council, under the
State Legislature, can only impose off -site, not on -site, but off -site improvements
if they find a present health and safety risk caused by this property. If you find it,
then you can require off -site improvements. Everything that's been discussed today
is on -site improvements. So number one, there's no testimony of current safety
problems caused by this property, A; B, if there was, this body would have the ability
to impose off -site improvements, but what you're talking about are on -site. Number
two, the City Council...
JF Can I ask you a question?
RC Sure.
JF Would the park owner be willing to undertake the expense of proving that there is
no problem with groundwater?
RC We need, what you're asking is, what you're asking is...
(Laughter and applause from audience.)
BAC No, what he's asking is a very simple question.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
RC Of cour-, the answer is, I'd have to ask the owner. But clearly there's no evidence
that it's creating a safety problem.
JF Nothing that you heard tonight causes you to go, "Hmmmmm, maybe there is a
problem with a 30-year-old system?"
RC No, that's not the question, sir. The, the question is...
JF But my question was very clear, and I'd like an answer to it.
RC Okay, okay, the question is, is your question "Is there a health and safety problem
caused by this system?"
JF Nothing that you heard tonight indicated to you that there might be one?
RC That is correct.
JF Okay.
RC I saw no evidence of that. And if there was, you could impose off -site
requirements...
BAC All right. Go ahead.
RC ...not on -site. Okay. So I think that's the basic question facing the City today is are
there on -site risks, and if so, what off -site improvements are you suggesting. I'd like
to correct a couple of the statements that were made by the public agencies. In
answer, I think, to your question of who prepares the tests that are submitted and
were shown on the board, and the testimony, I believe, was that it's prepared by
employees of, of the, of the park. However, the answer is, and I'm surprised the
agency doesn't know this, it's conducted and provided by an independent
laboratory, not by employees of the park. Also I think the information that was
somewhat misleading, when they talk about comparing the test results with the
standards for drinking water; no one's drinking this material. That's not the test, in
my opinion, the test is, is this park in compliance with the Regional Board's
requirements. And the answer is, it is in full compliance. The fact that they cited
1998, I believe, information about lids, kind of begs the question, the question is 19-
, or the year 2005, not 1998, and it's not a question of lids, it's a question of water
quality and the quality of the system. So I think from the evidence that you've seen
so far that there is no ability to require on -site improvements to the tune of
$4.2 million, and I hope that this City Council will take that into consideration and
comply with the requirements of the California State Law. Sue, do you have
anything...
BAC Thank you, sir. Is it then...
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REGULAR PALM DESERT CITY COUNCIL MEETING
RAS Not for sure, Mr. Mayor, could I ask a question?
BAC You may, sir.
FEBRUARY 10, 2005
RAS It was indicated earlier that septic tanks were never intended for major home areas.
Are you in agreement with that?
RC I don't know the source of that information, but the septic systems exist throughout
the Valley, throughout the country. The testimony tonight and in the Planning
Commission is, if properly maintained, they will be a good system indefinitely. It is
not, it does, the intent is not to have a system to the high level of a water treatment
plant; the State Law was, specifically provides that you, you can't force an
upgrading the system, as long as it's in compliance.
RAS Then you don't agree with the, what the City has done by making certain that
anyone that sells their home must be tied onto a sewer if a sewers available?
RC As a policy matter?
RAS It's a policy matter.
RC That's within the purview of the City Council. The question is, can that policy be
applied to a conversion of a mobile home park to condominium, and that's a legal
question as well as a policy question.
RAS Thank you.
RC Thank you.
BAC Mr. Ferguson?
JF I have a question for Ms. Bell. And I'm sorry I didn't ask it earlier, I was taking
notes. There's been a proposal by Mr. Selzer that we (inaudible)...30 days to let
you and them and us chat about this. Is that something that you think helpful, not
helpful, what, what is your, if you can speak on behalf of the association, what
would be your preference be?
PB I can speak generally on behalf of the association. I'm delighted that there's been
a little bit of a breakthrough tonight, and I think, maybe, there's room to talk. And,
yes, I would accept that. Thank you.
JF Thank you.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
BAC Are there other questions? There being none, then we have a request from the
Appellant for a 30-day, actually not 30 days, but a continuance to the second
meeting in March. So...
RAS I move that we continue the public hearing to the second meeting in March.
BAC Is there a second?
RSK (Inaudible — City Clerk's notes indicate Councilman Kelly seconded the motion.)
BAC There is a motion and a second, is there discussion? There being none, please
cast a ballot.
RDK Motion carries 4-0-1, Councilmember Benson ABSTAINING, she had indicated that
on her dais before leaving the room.
BAC And we will take, then, a five-minute break and let folks who wish to depart do that
in good peace.
For purposes of clarification:
Councilman Spiegel moved to, by Minute Motion, continue the public hearing on
Case No. PM 31862 to the City Council's second meeting in March (March 24, 2005).
Motion was seconded by Councilman Kelly and carried by a 4-0-1 vote, with
Councilmember Benson ABSTAINING.
With City Council concurrence, Mayor Crites called for a recess at 5:30 p.m.
He reconvened the meeting at 5:35 p.m.
Mr. Erwin announced that an item for public hearing consideration had been
inadvertently omitted from the City Council's Agenda for this meeting, although
notices had been posted and published in the newspaper. Therefore, he would
annouce the title and request that the Mayor ask the audience if anyone was
present to speak to the matter at this time. After providing opportunity to testify, it
would be indicated that the item would be continued to the City Council's next
meeting and be listed as an agendized public hearing on that date.
C. REQUEST FOR APPROVAL OF THE CREATION OF CUL-DE-SAC
CLOSURES ALONG HIGHWAY 74 FRONTAGE ROAD AT THE
SHADOW MOUNTAIN DRIVE TRAFFIC SIGNAL.
Mayor Crites declared the public hearing open and invited testiomony in FAVOR OF
or OPPOSED TO the subject cul-de-sac closures. No testimony was offered.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
Responding to Councilman Spiegel, Mr. Greenwood affirmed that this action was
part of the traffic signal project.
Councilman Spiegel moved to, by Minute Motion, continue this matter to the City
Council Meeting of February 24, 2005. Motion was seconded by Mayor Pro Tem Ferguson
and carried by a 5-0 vote.
With City Council concurrence, Mayor Crites recessed the meeting at
6:04 p.m. He reconvened the meeting at 6:45 p.m.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
1. Reminder of Upcoming Study Sessions:
o City Council, Redevelopment Agency, and Housing Authority
Joint Study Session Thursday, February 17, 2005, at 2:00 p.m.
to Receive Mid -year FY 2004/05 Project Status Reports.
o City Council Study Session Thursday, February 24, 2005, at
2:00 p.m. to Receive Presentation from the Palm Springs
Desert Resorts Convention & Visitors Authority.
Mrs. Klassen reminded City Councilmembers of the items, and they
were so noted.
D. PUBLIC SAFETY
o Fire Department
None
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
o Police Department
1. Consideration of Request from the Riverside County Fair and
National Date Festival for Palm Desert Police Services.
Assistant Chief of Police Steve Thetford noted the memo he'd
written to the City Council, regarding request for the Palm
Desert Police Bicycle Unit to work the Fair and Date Festival
for the two weekends of its run. He said the memo was
provided to inform the Council of two things: 1) that these
services are requested each year because of the utility of Palm
Desert's unit; 2) to show the value of the in -kind services,
approximately $25,000, which is in addition to the financial
contribution the City already provides.
Councilman Spiegel commented that in the past, the City had
donated as much as $25,000 to the Riverside County Fair and
National Date Festival each year so that the Fair didn't have to
be supported by companies like Marlboro Cigarettes. He
asked whether any other city in the Valley supplied the same
level of support.
Assistant Chief Thetford responded he wasn't aware of any,
reminding the Council that it was in -kind service being paid
for —either the Bicycle Unit would be in our City those
weekends, or it would be at the Fair. There would be no
additional cost incurred. In further response, he recommended
that the Bicycle Unit be allowed to work the Fair, as it provided
a very valuable service there and a good representation of the
City's Police Department and its service to the Valley overall.
Councilmember Benson suggested that because
circumstances had changed since the City was first
approached to support the Fair, Supervisor Wilson's office
should be informed that from this point forward, Palm Desert
will provide its Bicycle Unit to the event as its contribution. She
felt this was probably more valuable. Councilman Spiegel
agreed.
In answer to Mayor Crites, staff reported that the City had
contributed $10,000 for this year's Fair.
Councilman Kelly moved to approve the request for the City Police Department's
Target Team to work bicycle patrol at the Riverside County Fair and National Date Festival,
Friday, February 18, through Sunday, February 20, and Friday, February 25, through
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
Sunday, February 27. Motion was seconded by Mayor Pro Tem Ferguson and carried by
a 5-0 vote.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Request to Discuss the Amphitheater Renovation Project
(Councilmembers Jean M. Benson and Robert A. Spiegel).
Councilmember Benson said she and Councilman Spiegel
wanted to proceed with the project, with over $500,000
invested in its design and the money already set aside for it —
before costs go up any further. She noted that they'd met with
Phil Drell and Ryan Stendell; they still had the original bids,
which they planned to bring current and back to the City
Council.
Planning Technician Ryan Stendell commented that bids were
solicited last June, with the results being comparable to the
engineer's estimate three years' prior.
Mayor Pro Tem Ferguson recalled that when State was going
through its budget gyrations on local funding, this project was
put on hold to see where the City was at. He suggested that
first the City see where it ended up in that process, what its
projections were, and how the project may fit back into the
picture during next week's Study Session.
Councilman Spiegel added that if not this project, something
definitely needed to be done to restore the Amphitheater
structure, and it needed to take place beginning right after the
Summer Concert Series.
With City Council concurrence, directed that the project be reviewed during next
week's Mid -year Study Session and an action item also be agendized for the
February 24 City Council Meeting.
Upon Mayor Crites' suggestion and City Council concurrence, additionally, staff was
asked to be able to report on the courtyard project for the area in front of the
Council Chamber.
2. Request for Report on the Status of Calle de los Camoesinos —
Mayor Pro Tem Ferguson asked staff to provide an
informational item on the next City Council Meeting agenda
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
regarding the improvements to be made, widths, progress on
the Stone Eagle project as it relates to this roadway, bidding
schedule and construction timeline, etc.
Mr. Croy responded that it would be provided at the next
meeting.
3. Community Development Block Grants (CDBG)— Mayor Crites
noted an article in today's Desert Sun, regarding the
President's budget proposal that will have a significant impact
on the CDBG program, lowering those funds. He requested
possibly in the Mid -year Budget Study Session or sometime
shortly afterward that staff provide an analysis of how that
proposal will affect the City's subrecipients and whether or not
they and/or the City should contact our Congressional
members about it.
4. Mandatory Recycling — Mayor Crites additionally commented
about an article in last Saturday's Desert Sun about Seattle's
Mandatory Recycling Ordinance. He said given the
aggravation the City is constantly facing with who does/doesn't
recycle, gated communities, and related issues, he wanted
staff look at Seattle's program and possibly bring forward
something similar for the City Council's consideration.
Councilman Kelly said he'd taken interest in the same article,
sending a note to Mr. Ortega about creating a position for this
purpose. However, if mandatory recycling was put into place,
he worried how enforcement would be handled but noted the
Seattle program went for a year of letting residents know when
they weren't following the rules; and by the time a year passed,
he believed most of the non -conformers were eliminated. He
wondered whether or not the new position could be funded by
the City's recycling fund and then work with Waste
Management for this purpose.
Mayor Crites observed that the City was starting from a much
better position than Seattle, which only had a 44% diversion
rate. He was surprised that Seattle encountered little
opposition to their program, probably due to the way in which
it was initiated. He encouraged staff to take a hard look at it
and return to the City Council for discussion.
5. Wireless Fidelity "Hot Spots" — Mayor Crites referred to an
article in Sunday's Press -Enterprise regarding "hot spots"
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
around the community. He felt whether or not the City
continues with or reorganizes its Technology Committee, this
is an issue worth pursuing, noting that Mayor Pro Tem
Ferguson and Councilman Spiegel had been talking about this
idea for some time.
6. F.I.N.D. (Food In Need of Distribution) — Mayor Crites asked
for an update on the progress of F.I.N.D.'s building, a project
discussed during last year's Outside Agency Funding process.
Councilmember Benson responded that F.I.N.D. had been
waiting on some information it needed, which was now back to
them and has since been discussed with the City Manager.
Senior Management Analyst Frankie Riddle was working on a
formal report with recommendation for the February 24, 2005,
City Council Meeting agenda.
o City Council Committee Reports:
1. SunLine — Councilman Kelly recalled for his colleagues that
1 one of the problems coming out of the SunLine audit was the
SunLine Services Group (SSG). He reported that at the last
SunLine Board Meeting, SSG was no longer an agenda
component. About the only element remaining was taxi
services --although that operation seemed to run pretty
efficiently --if it were possible to find someone else to take it
over, it would be gone too. He added that they were also still
providing fingerpting services, which actually produced
revenue but really belonged somewhere else as well.
However, he said that part of the operation was well under
control.
2. Riverside County Transportation Commission (RCTC) —
Councilman Kelly also reported that at yesterday's meeting, a
new financing package was approved. It consisted of a
$185 million line of credit that would only be used as needed,
instead of floating an entire bond issue at the early stages of
a project. When money was drawn out to pay on it, the
interest rate on those funds would be 1.9%. He said that way
a large infrastructure project could be built and progress
payments made throughout , with a bond issue to be done at
the end when all the costs were known. This would also allow
for less concern about investing and using all the bond funds
when those being held in reserve earn only a small amount of
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
interest. He felt this type of a package may have merit for the
City's financing program and encouraged staff to consider it.
3. Parks & Recreation — Councilman Spiegel stated the City was
having difficulty growing grass in the dog parks. Therefore,
staff was going to be costing out installation of a locally
produced turfscape product to be used in these areas instead
of grass. He said the material was permeable, and the
sprinkler systems would still be utilized. The City Council
would be asked to review and act on a formal proposal in the
near future.
4. Coachella Valley Economic Partnership (CVEP) —
Mayor Pro Tem Ferguson said he just returned this afternoon
from a meeting with the newly elected Mayor of Mexicali, who,
in a vote of 600,000 people, won by 37 votes, which was just
recertified by Mexico City. He presented the mayor with a
Palm Desert flag and one of the tabletop books, both of which
were received with great delight. In turn, Mexicali's Mayor
wants to pay Palm Desert a visit sometime in March, and
details will be provided as soon as they're finalized. Mayor Pro
Tem Ferguson felt this was another positive milestone in the
three years of fostering relationships with communities in and
around the Mexican border.
o City Council Comments:
1. Washington CharterSchool—Councilman Spiegel commented
that the old buildings were set to be demolished in about two
weeks, with plans to be in the new building by
September 2006.
Councilmember Benson suggested the City's Public Relations
Department send a notice to the media to alert residents and
especially the Historical Society of this fact, as there were
many were former students who are still sentimental about the
school.
Councilman Spiegel noted that there had already been a tear -
down party some weeks back, but he felt it was primarily
geared for current students and their parents. He added that
the new school on Country Club was a "homerun."
2. City of San Luis Obispo Committees — Councilman Kelly noted
that on a recent trip to the Coast, he took note of a newspaper
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2005
article about San Luis Obispo's difficulty getting applicants for
their committees. For instance, he said they only had one
application for a position on their Architectural Review Board.
He thought that was a big concern in a city of around 100,000
residents. He believed Palm Desert was fortunate to get so
many good applicants, and it was worthwhile to take time to
meet with them.
XIX. ADJOURNMENT
With City Council concurrence, Mayor Crites adjourned the meeting at 7:12 p.m.
ATTEST:
R • HELLE D % SSE. ,CITY CLERI
CITY OF PALM DESERT, CALIFORNIA
BUFOR,A. CRITES, MAYOR
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