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HomeMy WebLinkAbout2005-03-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 24, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Crites convened the meeting at 3:39 p.m. II. ROLL CALL Present: Mayor Pro Tem Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Excused Absence: Councilmember Jean M. Benson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Deputy City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment 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 Duane K. Munson, Interim Director of Human Resources David Yrigoyen, Director of Redevelopment & Housing Robert P. Kohn, Director of Special Programs Ignacio Otero, Fire Chief, Palm Desert/Riverside County Fire Department/CDF Craig Kilday, Chief/Captain, Palm Desert Police/Riverside Co. Sheriffs Dept. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Right-of-way Acquisition (APNs 624-250-082, 624-250-083) Negotiating Parties: Agency: Carlos L. Ortega/Michael J. Errante/Mark D. Greenwood/ City of Palm Desert Property Owner: Valley Palms Homeowners Association Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employee Performance Evaluation pursuant to Govemment Code Section 54957: Titles of Positions: City Attorney City Manager Upon a motion by Spiegel, second by Ferguson, and 4-0 vote of the City Council, with Councilmember Benson ABSENT, the meeting was adjourned to Closed Session at 3:40 p.m. Mayor Crites reconvened the meeting at 4:09 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B SGT. MIKE ALCORN, Palm Desert Police Department/Riverside County Sheriffs Department, addressed the City Council, announcing that he would be retiring from his position effective tomorrow. Therefore, he felt it was an appropriate time to come before the Council to convey his thanks to the City of Palm Desert, City Council, and City staff for the opportunity to serve here. For nearly the entire 27 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 years of his career with the Sheriff's Department, he either directly or indirectly served the City and was impressed with both the enthusiasm and professionalism shown by all the staff he's dealt with over the years — especially at the Switchboard, the Public Works Traffic Department, Code Compliance, Information Systems, the Community Services Division, and Pat Scully in Special Events. He added that he felt the relationship between the City and Sheriffs Department had been an excellent collaboration, a "win -win" for both agencies. MR. ROB BALLEW, Executive Director of the Family YMCA of the Desert, came before the City Council to say that recently there was an opportunity for one of Palm Desert's local youths to receive state recognition. MR. DALLAS WILLIAMS, Program Director of the Family YMCA of the Desert, stated that YMCA held a Youth In Government Conference in Sacramento each year in which about 2,500 students from all over the state take part. Each year one or two delegates are selected as the "Outstanding Delegate of the Year" for their contribution to the program. He announced that this year Palm Desert student Katie Martinez was the recipient of this recognition. MS. KATIE MARTINEZthanked the City Council for its support of the program, both financially and for use of the City Council Chamber for their Bill Night. She said activities like this made theirs one of the top programs and made the whole experience better for every delegate. MR. NORMAN EASTWOOD, 74-474 Myrsine Avenue, Palm Desert, addressed the City Council about the proposed expansion of the Sacred Heart School facility. He offered that he was a professional engineer by trade and had the following concerns about the case, urging the City to give them each further review and discussion before any action was taken: 1) Traffic; 2) environmental issues; 3) five-year/future planning. He commented that any temporary solution would be unacceptable and requested that a committee of community resident -owners and City officials be formed to provide this additional review. He submitted a copy of his prepared statement, which is now on file and of record in the Office of the City Clerk for Case No. CUP 04-13. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING MARCH 24, 2005, AS "MIKE ALCORN DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Crites presented Sgt. Alcorn with a framed proclamation in appreciation for his contributions to the City and its Police Department and wishing him well in his retirement. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 B. PRESENTATION TO RECOGNIZE TAMMY PEREZCHICA FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS EL PASEO BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS ASSOCIATION. On behalf of the City Council, Mayor Crites presented Ms. Perezchica with an engraved crystal clock, thanking her for the time served on the City's El Paseo Business Improvement District Board of Directors. C. PRESENTATION TO RECOGNIZE FRANCOISE RHODES FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS LIBRARY PROMOTION COMMITTEE. On behalf of the City Council, Mayor Crites presented Ms. Rhodes with an engraved crystal clock in appreciation for her service to the Library Promotion Committee. D. APPOINTMENTS TO VARIOUS VACANCIES ON THE CITY'S ESTABLISHED COMMITTEES AND COMMISSIONS. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Appoint Briana Kirkwood, Frank Villar, Gary Walker, and Jean Whitney to the four new positions on the Sister Cities Committee created by the adoption of Resolution No. 05-3; 2) appoint Charles Helsper to the Housing Commission as a resident Commissioner to fill the unexpired term of former Commissioner Manuel Reyes (term 12/31/06); 3) with concurrence of the City Council, appoint Bonnie Bowie to the Historical Preservation Committee to fill the unexpired term of former Member Muriel Surles (term 12/31/08); 4) with concurrence of the City Council, appoint Sara O'Flynn to the Marketing Committee to fill the unexpired term of former Member Melinda Byrd (term 12/31/07). Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilmember Benson ABSENT. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 10, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 174, 177, 181, 182, 183, 184, 187, 188, and 189. Rec: Approve as presented. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Windy City Fred, LLC, 74-450 Palm Desert Drive, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Courtyard Management Corporation, 74-895 Frank Sinatra Drive, Palm Desert. Rec: Receive and file. E. PUBLIC SAFETY COMMISSION MEETING MINUTES for the Meeting of January 12, 2005. Rec: Receive and file. F. LETTER OF RESIGNATION from the Historic Preservation Committee — Muriel Surles. Rec: Receive with very sincere regret. G. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — Computer Equipment and Related Accessories. Rec: By Minute Motion, declare the items listed on the staff report's Exhibit "A" as surplus and authorize appropriate disposal. H. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — 1996 Ford Cargo Van (#44). Rec: By Minute Motion, authorize disposal of the subject vehicle by donating it to FIND (Food In Need of Distribution), a local non-profit organization. I. REQUEST FOR AUTHORIZATION to Utilize Recommended Firms to Provide Constructability Reviews of Various Capital Improvement Projects. Rec: By Minute Motion, approve use of the following firms for the subject constructability reviews: Berg & Associates, Palm Desert, CA; Coachella Valley Construction Services, LLC, Indio, CA; Harris and Associates, Palm Desert, CA; Lim and Nascimento Corporation, San Bernardino, CA. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 J. REQUEST FOR AWARD OF CONTRACT for Preparation of Engineering and Traffic Survey for the Establishment of Posted Speed Limits on Roadways Citywide (Contract No. C23560). Rec: By Minute Motion: 1) Award the subject contract to RBF Consulting, Irvine, California, in the amount of $49,070; 2) authorize setting aside a 10% contingency for the agreement; 3) authorize the Mayor to execute same. K. REQUEST FOR APPROVAL of Final Map for Tract No. 25296 (Bighorn Development, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 05-28, approving the Final Subdivision Map for Tract No. 25296. L. REQUEST FOR APPROVAL of the Adult Life and Resident Monitoring (ALARM) Program. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. M. REQUEST FOR APPROVAL of Out -of -State Travel for the 2005 International ATHENA Leadership Conference. Rec: By Minute Motion, approve out-of-state travel for the Community Services Senior Management Analyst to attend the subject conference in Chicago, Illinois, April 28-30, 2005—funds are available in Account No. 110-4416-414-3061. N. REQUEST FOR APPROVAL of Out -of -State Travel for the Annual Americans For The Arts Convention Preconference. Rec: By Minute Motion, approve out-of-state travel for the Public Art Coordinator to attend the Preconference for the 2005 Americans For The Arts Public Art Convention in Austin, Texas, June 8-10, 2005 — funds are available in Account No. 436-4650-454-3120. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 O. REQUEST FOR APPROVAL of Various Technology Service Providers. Rec: By Minute Motion, approve use of the following providers of Technology Services to the City of Palm Desert: Decision Management Company, Inc.; First American Real Estate Solutions; HTE, Inc.; IBM; New Generations Software; Altura; TLMA Administration -County of Riverside; SYMPRO, Inc.; Munimetrix; Environmental Systems Research Institute. P. REQUEST FOR APPROVAL of a Workers' Compensation Settlement Policy and Workers' Compensation Case Settlement Committee. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Q. REQUEST FOR APPROVAL of Right-of-way Acquisition Services for the City of Palm Desert and Palm Desert Redevelopment Agency (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, approve use of Universal Field Services, Inc., Huntington Beach, CA, Spectrum Land Services, Orange, CA, and Overland Pacific & Cutler, Inc., Palm Desert, CA, for right-of-way acquisition services for the City and Redevelopment Agency. Councilman Spiegel asked that Item L be removed for separate consideration under Section XI, Consent Items Held Over. Mr. Ortega also removed Item P for separate consideration. Upon motion by Ferguson, second by Spiegel, the remainder of the Consent Calendar was approved as presented by a 4-0 vote, with Councilmember Benson ABSENT. XI. CONSENT ITEMS HELD OVER L. REQUEST FOR APPROVAL of the Adult Life and Resident Monitoring (ALARM) Program. Councilman Spiegel noted that this was a terrific program that would take care of primarily senior citizens, and it had been endorsed by the City's Public Safety Commission. He reviewed the separate components of the program as outlined in the report. He said he had discussed this program with Michael Barnard of the Joslyn Senior Center, who was also very enthusiastic and indicated he would do anything he could to help make the program successful. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 Councilman Spiegel moved to, by Minute Motion: 1) Concur with the recommendation of the Public Safety Commission to approve the ALARM Program; 2) direct staff to implement same. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilmember Benson ABSENT. P. REQUEST FOR APPROVAL of a Workers' Compensation Settlement Policy and Workers' Compensation Case Settlement Committee. Mr. Ortega asked that the Council continue this matter to the next meeting. Councilman Spiegel moved to continue this matter to the meeting of April 14, 2005. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1092 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 2.72 (RESCINDING ORDINANCE NOS. 935 AND 1010) OF THE PALM DESERT MUNICIPAL CODE AND DISSOLVING THE TECHNOLOGY COMMITTEE. Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance No. 1092. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilmember Benson ABSENT. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 B. ORDINANCE NO. 1093 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-5 TO PR-13 FOR 1.41 ACRES ON THE NORTH SIDE OF GERALD FORD DRIVE, 636 FEET EAST OF MONTEREY AVENUE Case No. C/Z 03-04 (Sares Regis Group, Applicant). Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance No. 1093. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilmember Benson ABSENT. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT SERVICE AGREEMENT FOR MAINTENANCE OF THE CITY'S PUBLIC ART COLLECTION AND THE EL PASEO EXHIBITION (CONTRACT NO. C23570). Mr. Ortega noted the staff report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject contract with Michael Volpone, Cathedral City, California, to maintain the City of Palm Desert's Public Art Collection and the 18 sculptures in the El Paseo Exhibition for one year in the amount of $54,000, renewable each year for a period of three years; 2) authorize the Mayor to execute same — funds are available in Account No. 240-4650-454-3372. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. B. REQUEST FOR ACCEPTANCE OF PROPOSAL FOR RESTORATION OF THE ROSE GARDEN COMMUNITY WALK IN THE CIVIC CENTER PARK (CONTRACT NO. C23580). Mr. Ortega noted the staff report and recommendation in the packets and offered to answer any questions. Councilman Spiegel asked whether the City was still selling tiles and how often they are engraved and installed. Mrs. Gilligan responded that because some of the tiles were chipping due to water seeping in, the program was on hold at the present for renovation. However, in the past, engraving and installation was being done approximately every two months. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Sculpture Conservation Studio, Los Angeles, California, for restoration of the Rose Garden Community Walk in Civic Center Park in an amount not to exceed $31,350; 2) authorize the Mayor to execute said contract — funds are available in Account Nos. 610-0000-228- 5010 and 240-4650-454-3372. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. C. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C23450, PROJECT NO. 932-XX). Mr. Ortega noted the staff report and recommendation in the packets. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Award the subject contract to Tree Rite, Bermuda Dunes, California, in the amount of $156,088.70 and authorize a 10% contingency for the contract in the amount of $15,608.87; 2) authorize the Mayor to execute same — funds are available in Public Works Park Maintenance, Assessment District Fund 200 Accounts, and the respective Housing Authority facility budgets. Motion was seconded by Spiegel. Councilman Kelly noted that there palm tree stumps throughout the City where Southern California Edison removed the foliage from the tops. While not all were on the right-of-way, he asked if staff could make sure the stumps were removed. Landscape Manager Spencer Knight responded that this could be added to the contract. Mayor Pro Tem Ferguson agreed to amend his motion to add direction that removal of all palm tree stumps that have been left standing as a result of prior activity also be included in these services. Councilman Spiegel amended his second, and the motion carried by a 4-0 vote, with Councilmember Benson ABSENT. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. D. REQUEST FOR APPROVAL OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) REGARDING MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE -TOED LIZARD (CONTRACT NO. C18284). Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the subject Amendment to the MOU to minimize and mitigate take of the Coachella Valley Fringe -toed Lizard. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 XV. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 24, 2005 (Continued from the meeting of March 10, 2005). Councilman Spiegel moved to, by Minute Motion, approve as presented. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilmember Benson ABSENT. XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. 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) (Continued from the meeting of February 10, 2005). The following is a verbatim transcript of this portion of the Council meeting Key BAC Buford A. Crites, Mayor CLO Carlos L. Ortega, City Manager BH Bob Hargreaves, Deputy City Attorney SL Sue Loftin, Attorney for Applicant PS Paul Selzer, Attorney for Applicant JF Jim Ferguson, Mayor Pro Tem PB Pat Bell, Indian Springs Mobile Home Park Association President MS Mari Schmidt, Indian Springs Mobile Home Park resident SS Sandy Symington, Indian Springs Mobile Home Park resident MV Mara Villalta, Indian Springs Mobile Home Park resident RDK Rachelle D. Klassen, City Clerk BAC There are two public hearings this evening. The first has to do with consideration of an appeal to a decision of the Planning Commission approving a parcel map having to do with the Indian Springs Mobile Home Park condominium issues. So, with that in mind, Mr. City Manager. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 CLO I do believe we have a request for a continuance, or if you want to open the public hearing and receive testimony... BAC The public hearing, I believe, is open, was left open. BH Mr. Mayor, as you remember, this item was before you on February 10'h. At that time, the City Council took a good deal of testimony. It was continued at that time to see if we could enter into negotiations and resolve the issue with respect to the sewer. Those negotiations are ongoing. The applicant has requested a continuance of this matter until the first meeting in May so that we can proceed to see if we can finalize those negotiations. I would suggest that people tonight, they're here and wish to address it, that we give them that opportunity, and my recommendation is it then be continued to the first meeting in May. BAC Okay. That is the staff recommendation. Are there any questions regarding the staff's recommendation? Okay, there are none. Then, in that case, the public hearing is open. Is there comment from anyone in the audience regarding either the issue or the request for a continuance til the first meeting in May? SL Sue Loftin, appearing on behalf of the applicant, and we concur with the staff's request for a continuance to April... BAC May SL ...oh, first of May... BAC You can have a consultation with the three of you, if you wish. SL Sorry, I didn't expect this to be on so fast. We have and, with that, and we appreciate the staffs cooperation and feel like we're making some good progress toward resolving the issues in a manner that would be consistent with the City's goals. Mr. Selzer will speak to that issue further. My role today is to deal with the sometimes unpleasant aspects of hearings, which is to preserve the record and, toward that end, I have comments. The City Attorney on page 3, lines 11 through 16 of the transcript from the last hearing, stated...it stated "the City Attomey determined that State law allows the City to impose the connection to the sewer system if the City finds that the sewer is necessary to the existing health and safety conditions." This is somewhat consistent with Government Code 66428.5 subsection E. The portion that's left off is for an off -site improvement. What we're talking about is an on -site improvement. The evidence that was presented at the last hearing was not credible, it did not establish an existing off -site improving as causing a significant health and safety issue, and it did not, although we don't agree with the legal basis, establish that there is an existing health and safety condition on -site. So our position is that the burden has not been met with regard to establishing that there is an existing health and safety condition that warrants an off- 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 site improvement. Going down, some of the comments that were made...Mr. Angel stated "there is degradation when you have a septic system", page 22, line 25. We submitted to you today materials, one of which was a declaration from Raymond K. Will. Paragraph 5 of that declaration states that the water that eventually reaches the groundwater will be clear. There is no foundation for a statement that a sewer system, by its mere existence, creates a degradation. Mr. Will's credentials are attached to the declaration. We incorporate those into my comments. I'm not going to go through all of those. Mr. Angel stated an opinion commencing at page 23, line 10, continuing through page 27, line 28. He considers...he stated several factors as to why he thought this septic system was not a...was causing degradation. One was that there was a continuous discharge for 30 years. Paragraph 5 of Mr. Will's declaration clearly states that there is no factual nor theoretical basis upon which to make that kind of general statement. Mr. Angel further stated he based his opinion on the fact that there were failure of septic pits. On paragraph 9 of Mr. Will's declaration, he states that the failure of a couple of septic pits in the installation corrective work showed that the maintenance of the property and the historical records, which he reviewed, clearly indicate that there is not a problem with this particular septic system, it meets all standards, and is not improperly discharging. Mr. Angel further stated that the constituents of concern, and he was specifically talking about the nitrates, is not ordinarily removed from the soils. Paragraphs 5 and 8 of Mr. Will's declaration clearly go through an analysis of the particular soil under Indian Springs and the fact that by the time waste water reaches the water table, that there would be no further contaminants. He also stated that there were some non-compliance problems as part of his opinion. I will address those in a moment. Mr. Angel actually gave two opinions. On page 27, line 34, his opinion was there is absolutely pollution. On page 22, line 18, he stated "I do not have any evidence of pollution." The latter statement, that there was no evidence presented of pollution, is consistent with the record on file here. BAC I assume you've placed all of these comments in written form? SL Yes, I have. BAC So they are already part of the record? SL I submitted them today, yes. BAC Okay. SL Would you like for me to speed up? BAC No. SL Okay. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 BAC Just providing a hint. SL Okay. The hint is that I will certainly speed up and skip quite a bit. I just want to point out that on page 22, line 7 through 9, since this was a question from the Council, and the statement was "so this is not data that is collected independent and therefore collected by someone who is", and the implication was employed by applicant, Mr. Springer's response was self -monitoring program. That is standard industry practice. The inference in the record and at the hearing was that there's something wrong with the applicant paying a company to do that. That is standard practice, but more importantly, it's required by law. With regard to the specific septic system, again I will not go through all of the instances in the record where we disagree with the comments, but suffice with one example, the notices of non- compliance. Mr. Springer testified that on December 3, 1998, he sent a notice that only two septic systems were accessible, and the reason is they did not have risers. All others were at grade level. In paragraph 10 of Mr. Will's declaration, he clarifies that at the time this was built, there were not risers, the access was at grade level, the system was operating. Mr. Springer went on to say since they're grade level, that means 44 systems had never been pumped. Ms. James in her declaration, paragraph 4, and in the attachment letter from...that was sent at the time, certainly clarifies that these systems...the system was operational, had been pumped, and there has not been 30 or 25 years when they were not pumped. In conclusion, the system has been and is in compliance with all standards. The notice of violations of the system, the three that have been given, they only reference two at the hearing, but there are actually three, were not related to the fact that the system didn't work but because there was a plan to upgrade the system, and they wanted changes to the plan. All of that is explained in your materials. There was no evidence presented that this specific system polluted. There was no evidence that there was contaminating ground water except for general unsubstantiated conclusions, which are factually incorrect even as general statements. There was no evidence that there was polluting ground water. There was no evidence of a health and safety issue to the residents of the park or the general public. I'd like to close with a comment from Mr. Ferguson from the water district, who stated that he wanted to let the residents of Palm Desert know that Coachella Valley Water District has always met the water quality drinking standard, so there is no even general evidence that there is a problem with the septic system. Thank you very much for your time. PS Mr. Mayor and members of the Council, I'm glad that was her job and not mine. I'm here to repeat what the City Attorney has said. We've had good discussions with your staff. As I hope you learned today, we have submitted a proposal that would result in the immediate hookup of the entire park if we can, if we can reach, if we can reach agreement...that...that the proposal which we have submitted to you provides for a significant subsidy to the existing residents. It provides for a city...for a loan to the owner to do the balance of the work, and the loan from the City is, frankly, to avoid the...the outrageous costs of a community facilities district over 30 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 years, which again we think is in the interest of the City and of course the residents, and then finally, we would...that loan would be...would be at market rates, and the interest would be paid on a regular basis by the owner. And as units were sold, the principle would be paid down. We...we assume, or we hope, that...that our offer has been received favorably by the Council, and we look forward to continuing discussions with your staff to work out the details of how that might work. And, again, I'Il...formally, on behalf of the applicant, request that the matter be continued until your first meeting in May, during which time we hope to reach agreement. If we don't, then we'll expect on that day that you'll be able to take action one way or the other. Thank, and I'II be happy to answer any questions. JF I have a question. PS Yes, sir. JF And as long as we're making the record clear, I am unaware of any Mr. Ferguson at CVWD, and I certainly didn't make that comment, so...I know there was a fella here, and I do recall him generally saying something to that effect, but I don't recall his name. Your proposal...have you run this by any of the residents or representatives of the residents at Indian Springs? PS Yes, we have. JF And I assume, I've got some materials here from Pat Bell, that we'll hear from them on their view of this proposal? PS I'm assuming...I'm assuming that, yes. JF Okay. PS I don't...I don't know what the...l can't tell you...let's hear from the residents. JF Okay. PS We...very frankly, we expect...all of the residents are now aware of it. What we intend to do after today's meeting is to contact...is to write each of the residents, tell them the specifics of our proposal, and suggest that they...that they contact the Council or the City with respect to their views in connection with that proposal, which we think is probably the best way for you to get a comprehensive view of...view of the residents. JF Well...can I make a suggestion... PS Yes, sir. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 JF ...in that regard. PS Sure. JF If we do grant this extension, and I believe progress has been made in good faith negotiations, whether it's Pat Bell or whatever representative of the residents, l would like them included in those discussions with the City so that they know how the deal is structured, how it's framed, and before it comes back to us they'll have an intelligent basis upon which to give us any additional comments they might have. PS l think that makes sense. JF Okay. PS Thank you, sir. BAC Is there anyone else who wishes to speak for the applicant? Are there others in the audience who wish to offer comment this afternoon? Yes, ma'am. ?? I have a question. BAC Come on up to the podium. ?? Who is that man? He didn't give us a name...we don't... BAC Aha, a mystery man is about to be identified. RAS Zorro... no... PS My name is Paul Selzer. I'm an attorney, and I represent the applicant. Thank you, and I apologize. BAC Thank you, sir. Yes, ma'am. PB My name is Pat Bell. Good afternoon, Mr. Mayor, Councilmembers. I'm very glad to hear that there's going to be a continuance here because 1 don't think we've even half talked enough about this subject, especially when I'm considering throwing into the mix today, which you haven't heard before today, and I thank a member of our park for reminding me of these things that happened some time ago but are necessary for you to hear today. You have those attachments on my submission. I'm currently the President of Indian Springs Mobilehome Owners Association. The facts are clear. Indian Springs is a 30-year-old senior park, beautiful and in a primo location, but old. The septic system is 30 years old too. It well -served the community, a much smaller community, younger, then...that was some time ago. That it should be replaced by a sewer system is no longer the question. You have 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 heard the testimony from these residents. You have heard the expert opinion of Mr. Angel and others. You have heard various staff members present the case for the sewer installation. And you have a City Ordinance 743 that essentially says just do it. It now seems that the park owner, given that he submitted you an offer, seems ready to deal. Does he have a choice? We don't think so. It's now about, and probably was always about, money. The ordinance is clear about that too. Do it before you sell. You see, it still means that it's your property, so you pay for it before you sell it to us. Councilmembers, the offer you have been given seems disingenuous. Will they do it if you pay? Will they do it if we pay? Will they sue if we don't pay? I would like to bring your attention to several short articles that appeared in The Desert Sun, and the articles are here attached. One of these concerns Indian Springs, and the other one is a park in Indio that had a common management firm. In Indio, The Wells Mobilehome Park — residents were going to have to pay for the sewer installation when their septic system was deemed beyond repair. Indio's Mobilehome Fair Practices Commission stated that it did not have enough information to prove that a new system should be built and did not rule on it at that time. Had it been approved, residents were going to have to pay a yearly assessment. But, why? The property did not belong to them, they rented it. Indian Springs Mobilehome Park — in a petition for a rent increase, the Rent Control Commission was told by our park owner that he intended to, and I quote, install a $637,000 sewer system, had a fund set up to pay for it, and about $127,000 would be put into the fund over the next five years. Did this fund exist? Does it exist? And does this factor...does it at all factor into who pays for the sewer today? Well, in June of 2000, a special Homeowners Association Board of Directors meeting was called. Charles Prawdzik, who I'm sure you're familiar with, was then legal counsel to our HOA and was quoted as having said that the residents of Indian Springs had been paying $8.00 a month, an $8.00 a month fee, towards the sewer hookup and that capital improvements that had long been since paid for, that capital improvements had long since been paid for, and there are the minutes of that meeting attached. We all understand that there is no free lunch, but doesn't some of this information enter into this discussion? On behalf of the residents of Indian Springs Park, I ask that the Council take note of the information we've submitted today and that you affirm the decision of the Planning Commission to approve Case No. PM31862. And I wish that this be entered into the permanent record. And thank you for your concern and your attention, gentlemen. BAC Thank you, ma'am. Are there others in the audience who wish to offer comment, it being the request of the applicant that this matter be continued for discussion until May. Yes, ma'am. MS Good aftemoon. I held off turning in the blue card until I found out what was going on, which is always fun. I have copies for you all of a statement that I'd like to read into the record. My name is Mari Schmidt, and I live in Indian Springs in space 86. My purpose in speaking to you this afternoon is to include my comments in the public record of this proceeding and ask several questions pertinent to the 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 conversion approval. Let me digress just a minute. Because of the continuance into May, there will be a number of residents who are vitally impacted and interested in this subject matter that will not be here due to the season, so I feel it's important that I read this today, if you'll bear with me. It has already been almost one year to the day that the residents of Indian Springs were notified that the park owner were going to convert the park to condominium status. During that time, there has been a general unsettled feeling in the Park. Most people are confused about the process and what will be happening until the conversion is complete. The bottom line is always what will be the price of my lot, who will fund my loan to buy. We have only the Eldorado conversion to go by, which by all standards has been a total hassle for everyone for years. My feeling is that no one in Indian Springs wants that circus to happen again. What we do want is that the conversion be fair, honest, and something that will not totally contaminate and destroy the quiet enjoyment of our way of life. Conservatively, the market value of the personal property, the coaches that is, in Indian Springs is somewhere around nine and a half million dollars. We tend to only think of our own coach and its value. However, when you take them as a whole, it's a considerable amount. We know where we live. We know the land is valuable. We know that the park owners are business people and Indian Springs has been a good investment that has paid off for years. However, the infrastructure is reaching the end of its economic life, and preventative maintenance won't take care of the things that are simply worn out. The water pressure is tentative. The streets are a disgrace, the septic system is constantly being added to, maintenance and has been held to a minimum, and if it weren't for the very capable on -site managers, the Park would quite simply fall apart. Let's face it, the Park is old and needs updating. A good time for any owner to take the money and run. Problem is that it's not that easy because of the requirements to continue rentals in the Park. Simply put, this means, as we all know, that the present owner will continue to be a prominent part of the Park's operation, funding, and control for years to come. This brings me to four brief questions, and I submit these simply for the ongoing study. I don't expect answers today, although it would be nice. Number one: backbone system, quote, the loan would be secured by an encumbrance upon the lots. Interest would be paid to the City by the owner on a semiannual basis. The principal amount of the loan would be allocated among the lots and would be repaid to the City as the lots are sold. This is a quote from paragraph 2c in Richard Close's letter to the City dated March 7'h, 2005. This paragraph can be construed in several ways and is, to say the least, vague. Does this mean the new buyer of a lot is then going to be charged that proportionate amount of the loan? The applicant, the park owner, should be responsible for all costs for all the sewer improvements. Additionally, if there is a general lien on the property to help fund the sewers, whether it's the City or other lenders, which is retired proportionately as each lot is sold, is there language and requirements that completely protects those who have already purchased their lots from any future liability for the outstanding loan balance due to perhaps the default of the owner or whomever may be liable for the remaining outstanding loan balance? 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 Two if the City becomes the Park owner's new business partner, what control can be exerted over the retirement of the loan and the quality of the sewer and infrastructure work that the loan is for in the first place? Let me be more specific. The sewers go in, the laterals are installed, we're all hooked up — is there a patch to the already beat up streets, old streets, or is there a requirement that the streets be totally repaved? Question three — is there a requirement and whose jurisdiction is it to oversee what impact construction disturbance of the sewer work has on other aging amenities, other personal property, such as landscaping, driveways, etc., of the coach owners? Let me add here, just for a moment, many of the existing septic hookups are behind the coaches, not in the streets. Some of them run down a path that's in the Park that I believe was originally put there because of that septic, manholes and all are right in the middle of that path. So, it would be not just streets that we're talking about. I think it's important that you guys know that when you're studying this. And, most importantly, number four — must the sewer work be completed before a single lot may be sold? The Park residents have lots of questions. There is an entire litany of things we're concerned over and quite honestly, we don't know who has the answers or control, if any. For instance, to name but two, how can the Park residents address and accomplish changes to the proposed sample covenants? Who will be on the board, and will there be any real resident representation? We know we're but a tiny speck in your total purview, but I ask you to help us. We truly appreciate your hard work and...on our behalf, and I'd like to thank you for all the residents of Indian Springs. Thank you. BAC You may be assured that those issues and those comments will be addressed. They are part of the record, and answers will be part of whatever we bring back for Council consideration. MS Thank you. BAC Thank you. Are there others who wish to offer comment this afternoon? There being no one, then I will...yes, ma'am. SS Hi. My name is Sandy Symington. I live at Indian Springs in Unit #95, and I'm here because...well, because I would like a sewer and not a septic. And I was looking at the proposal, and I have some questions about paragraph...#D in paragraph number 3, and it is the same thing that Mari Schmidt brought up, but I'm a little more specific. When it talks about the principle amount of the loan would be allocated among the Tots and would be repaid to the City as lots were sold, I am assuming that the principle is the amount of the sewer, and Mr. Close has told us that the sewer hookup would be between five and twenty-five thousand dollars. So, the way I would read it is then we would...the person that would buy the lot would then pay for...pay the City for the sewer at that time. So my question is...would it be all at 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 once, would it be in payments...am I reading it right? And also, we do not know how much the lot is going to be, so we're kind of in the dark about how much is the sewer, how much is the lot, and so on and on and on, same old thing. Thank you, and if you could answer that, that would be great if you know the answer. BAC I don't think we do yet. SS Oh, darn. Okay. BAC I'd love to be able to say yes. JF But I think it's fair to say that until we have answers to those questions, we aren't going to consider participating in this in any manner. You will have what your responsibilities will be, what the City's responsibilities will be, what the Park owner's responsibilities will be, as close as we can get it to you based on estimates, but you'll have a very clear picture of where we're going in this, and it's kind of a three- way arrangement now with us sort of in the middle trying to work with the residents and the Park owner to come out with a result that doesn't emulate some of the fiascoes that Pat Bell talked about in other parks. BAC Yes, ma'am. SL Sue Loftin. I'd just like to clarify one thing for the record. We did hand out the letter that was sent on the proposal, and we had a meeting with...at the Park for all of the residents to come to discuss it. So we have tried to include them and let them know what's going on, and we are going to send out more information after this hearing. Thank you. BAC That is on the record. SL Thank you. JF And just to note, because a couple of the residents have brought it up, and I've been kind of wondering in my mind, we keep talking about a sewer conversion, but that's also inextricably intertwined with the mobilehome park conversion itself. SL Correct. JF And so I think the answers would be to both the conversion of the sewage and the conversion of the ownership. SL Right. And we have been having meetings and as the questions come up, all of the questions relating to the conversion that you heard tonight, we've answered on a number of occasions, but we'll continue to do so. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 BAC Is there anyone else who wishes to offer comment? MV Good afternoon. My name is Mara Villalta, and I live in Indian Springs Mobile Park in number91. I...when I moved into Indian Springs, I hoped that when I reached the social security age, I would just sit and relax. Now I am faced with paying a lot that I know it's going to cost because of the location. A conversion that is a nightmare, like Eldorado, we have seen that happen too. And I came today...I still work...I'm an interpreter, I do very well, but I am above the low income level. So, therefore, I was looking for financing. Well, financing is very hard on a mobile home because it's not attached to the ground, so the finance companies don't want to touch us. So what are we going to do, seniors, receiving social security with a fixed income, with paying a sewer system...the...being insecure what our rent is going to be if we decide to rent, what are we going to do at our old age with a mortgage of, I think, quite a lot of money in the lot. So we're all scared, and if you go up there, there's many houses, homes, coaches that are for sale, and everybody's taking advantage of the fact that we are running scared. And I would just like this Council to help us to get this thing through as soon as possible and be clear to us. We do hear from you all the time but, excuse me, we are old people. We do not understand legalities, so we hear a lot of rigamarole, but we don't receive straight answers all the time. And our most important question is how much and when and what are going to do, and we don't care whether he can pay for the sewer or he cannot pay for the sewer or that he gets a loan or doesn't get a loan. But we do not have to pay for the sewer system, I think. I thank you very much. BAC If there isn't another person, then a motion to continue this til the first meeting in May would be appropriate. JF So moved. RAS So moved. BAC It was quickly moved and re -moved. Now there is decisive action by local government. With that in mind... RAS Second. BAC ...there's a second to go along with it. Please vote. RDK Motion carries 4-0, Councilmember Benson absent. BAC And we'll take a five-minute recess to allow people who have been here for this hearing to exit, and we will come to the next item then. For clarification purposes, this matter was continued to the City Council meeting of May 12, 2005. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 Recess observed 5:16 p.m. to 5:21 p.m. B. CONSIDERATION OF AN APPEAL REGARDING PLANNING COMMISSION APPROVAL OF AN EXPANSION OF THE SACRED HEART ELEMENTARY SCHOOL AND CONSTRUCTION OF NEW PARKING LOTS WITH 158 SPACES AT 43-775 DEEP CANYON ROAD Case No. CUP 04-13 (Roman Catholic Bishop of San Bernardino, Applicant) (Thomas W. McCutchen, Appellant). Mayor Crites declared the public hearing open, noting that staffs recommendation was to continue the public hearing to the meeting of April 28, 2005. MS. DEBRA WORTZ noted that she and her husband had two children who attended Sacred Heart School. She spoke in support of the expansion and said she felt it was important not only to her children but also to the other children in the community who do not have the opportunity to attend because of the limited facility. Councilman Spiegel noted that he and Councilman Kelly had met with several residents near Sacred Heart. It appeared to him that residents and the church were not communicating with each other, and there was not much input given to the community by the church. Before this item comes back to the Council, he suggested that the church do a better job of sitting down with the neighbors to explain the five-year plan, the ramifications, traffic mitigation, what will happen to Deep Canyon, etc. Agreement also needed to be reached with regard to the height of the gymnasium building. Mayor Crites agreed. He said while there would probably be no argument about this being a worthwhile thing to do, there needed to be a real focus on tending to the issues dealing with the neighbors. Mayor Pro Tem Ferguson added that communication needed to go both directions, and the church had held numerous community meetings and invited their neighbors to attend. Councilman Spiegel suggested that the church "give it one more shot." Associate Planner Francisco Urbina read into the record that a letter had been received today from Father Lincoln requesting that the continuance date be April 28th instead of April 14th in order to allow staff sufficient time to review the supplemental traffic analysis once it is completed. It would also allow time for the church and architects to meet with surrounding residents to resolve some of the issues. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 MR. TIM HOLT, Holt Architects, spoke on behalf of Sacred Heart and noted that a number of community meetings had been held, with neighbors invited to attend. Some of the meetings were held at the church, while others were held at City Hall with staff. In addition, Father Lincoln had held several open sessions at his own residence in an effort to garner interchange with regard to the project. He said they stood ready to engage in whatever other discussions may be appropriate and necessary in order to come back to Council with consensus. He added that he was in favor of the continuance to April 28th MR. LOUIS GORDON, 43-551 Palmilla Avenue, said he had never been notified of any meetings at the church, and the only notices he had received were for the meetings held at City Hall. He said the parish had never contacted him or other members of his neighborhood, and he expressed concern with the traffic in that area. MR. THOMAS McCUTCHEN, 24 Via Cielo Azul, stated that Father Lincoln had sent letters to the homeowners in his neighborhood once inviting them to the church for a meeting last August. He said he had also been invited to Father Lincoln's home at the Rectory one additional time, a meeting at which three or four members were present, although he was not sure whether others had been invited as well. He noted that he had also represented his homeowners association at a number of meetings where City staff, Father Lincoln, and Mr. Holt were present, but he was not told he was supposed to invite the entire community to attend. He added that he was in favor of continuing the matter to April 28th MR. NORM EASTWOOD, 74-474 Myrsine, said he had received no documentation, no request, zero information on any of what is going on. He disagreed with staff and felt that whatever was going on had been done in secret, and he did not know of anyone who had received any communication at all. Another issue was the 35-foot height of the building, and he felt it was totally inexcusable that the City would send out a notice, without requesting a variance or exception, notifying the entire area that this was going to be well over what was allowed in a residential area. He said it was his understanding that the height restriction was 24 feet. MR. MICHAEL MUFFOLETTO, 23 Via Cielo Azul, spoke in favor of the expansion. He said communities are there to serve the public. As communities expand, community facilities (such as churches, police departments, fire departments, etc.) need to expand as well. He did not feel the homeowners of his division, Palmira, were all opposed to the expansion; however, they would like to see the traffic issue resolved. As far as notices or secrecy, he did not feel the church would ever act in such a manner. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 MS. KIMBERLY LYNCH, 78-675 La Quinta, spoke as Chair of the Development Committee, parent of a Sacred Heart student, and fourth grade room parent. She said she wanted to be clear exactly what issues needed to be addressed before this matter is back before Council, and she felt strongly that any continuance was affecting the students. She said it was her understanding that the gym height had been approved and asked if it was a continuing issue. Mayor Crites responded that what was approved by the Planning Commission had been recommended to the City Council, and there had been no approvals or denials by the City Council as yet. MS. LYNCH stated it was her understanding that they needed to be clear about communication with the residents of Palmyra and the traffic study. She asked if there were other areas that needed to be addressed. Councilman Spiegel said it was not just Palmira residents but every community surrounding the church. Mayor Crites added that it was also general City residents. He said the issue was that everything being requested was available for comment and discussion when it is before Council. MS. ANGELA ROVER stated that over the years, Sacred Heart Church had expanded to accommodate the increased population in the area and had paid for that expansion itself so the new residents could attend the already - established church. She felt it was time for surrounding areas to give back to Sacred Heart. She felt the traffic issue was more about Sunday traffic than the traffic generated by the school. A traffic study had already been completed in September, and there was a lot of discussion at the Planning Commission meeting before the Commission recommended approval, and she did not know if there was a need for another traffic study. She said there was not as much traffic before Magnesia Falls connected to Deep Canyon and before Deep Canyon went all the way through, but she felt that everyone needed to give and take. She felt Sacred Heart Church had given quite a bit, and now perhaps it was time for Palmira to give a little bit more to reach an agreement. Councilman Spiegel moved to, by Minute Motion continue the public hearing on the appeal to the meeting of April 28, 2005, to allow time for a supplemental traffic analysis to be completed and reviewed by staff. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilmember Benson ABSENT. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Upon motion by Spiegel, second by Ferguson, and a 4-0 vote (Councilmember Benson ABSENT), the following item was added to the Agenda for discussion and action. 1. Southern California Association of Governments (SCAG) Mayor Crites noted the request from SCAG to appoint a Delegate and Alternate to the SCAG General Assembly. Councilman Spiegel moved to, by Minute Motion, appoint the Mayor and Mayor Pro Tem as the Delegate and Alternate, respectively, to the SCAG General Assembly. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 Upon motion by Ferguson, second by Spiegel, and a 4-0 vote (Councilmember Benson ABSENT), the following item was added to the Agenda for discussion and action. 2. Letter from Antoinette Carver Reaardina Stone Eaale Mayor Crites reviewed the letter (on file and of record in the City Clerk's Office). With City Council concurrence, Ms. Carver's letter was forwarded to the City Manager and City Attorney for their review as to whether it constitutes a request for the matter she references to be called before the City Council. Councilman Kelly noted that letters are frequently received which are addressed individually to all five Councilmembers, and he felt there should be some type of process for responding to those letters. With City Council concurrence, staff was directed to place on the next agenda consideration of a process for responding to letters that come to the City Council. o City Council Committee Reports: None o City Council Comments: 1. Swimmina Pool — Councilman Spiegel commented that this week he and the Mayor met with Desert Sands Unified School District officials. It appears there is an agreement that will provide for use of the High School swimming pool this summer, with final details to be worked out through the YMCA and the Recreation & Park District. Since there would be no use of the College of the Desert pool, he felt the School District was making a really nice gesture to the community. 2. Carter Elementary School Principal Rita Lamb — Councilman Spiegel stated that Principal Lamb will be retiring. She has been the first and only principal of the school since it opened some eight years ago, noting that it was the number one school in the entire Coachella Valley for Statewide test scores. He believed the Mayor was working on a special recognition, as was the School District. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 3. Washington Charter School — Councilman Spiegel also reported that demolition on the structure would begin during the next couple of weeks. It is hoped they will be able to move back into the facility in September 2006. 4. Marriott's Art Walk — Councilman Kelly said he attended Marriott's Reception for its new Art Walk last Friday night. He felt it was a great program and one that tied in nicely with the City's Art In Public Places. He said the Marriott turned over about 2,000 people every few days, meaning a lot of visitors were exposed to the City's public art program. He believed the Marriott should be congratulated for this effort, especially Tammy Perezchica, who was key to initiating their program and was recognized earlier in the meeting tbday for her service to the El Paseo Business Improvement ent District Board of Directors. 5. Homeowners' Association Meeting — Councilman Kelly commented that new appointee to the Public Safety Commission Gloria Kirkwood is also executive director of a homeowners' association, and she invited him to Palm Valley Country Club to their group breakfast meeting. He said there were 70 homeowners' associations represented, with a total of 170 people participating that day. He went on to say that the program was given by John Wohlmuth of CVAG, highlighting transportation, the roads system and future plans, projected population growth, etc. He knew that anyone from the City Council who was interested would be welcome to attend, and it would be worthwhile to do so. XIX. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting to Closed Session at 5:55 p.m. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilmember Benson ABSENT. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2005 Mayor Crites reconvened the meeting at 6:15 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: RACHELLE D.KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA BUFO D A. CRITES, MAYOR 28