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HomeMy WebLinkAbout1984-05-24MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MAY 24, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson M. INVOCATION - Councilmember Phyllis Jackson IV. ROLL CALL Present: Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilman Romeo S. Puluqi Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney (Arrived during Silver Spur hearing) Doug Phillips, Deputy City Attorney (Arrived during Silver Spur hearing) Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works Ray Diaz, Director of Environmental Services Kirby J. Warner, Director of Finance Phil Drell, Associate Planner V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPRECIATION AWARD TO MR. JULIUS KANNER. Mayor Snyder read the wording on the plaque and presented it to Mr. Julius Kanner for his outstanding and unselfish dedication in restoring the swimming pools at College of the Desert. B. APPOINTMENTS TO PALM DESERT MUSEUM COMMITTEE. Mayor Snyder read the names of the proposed members of the Palm Desert Museum Committee. Council unanimously approved the appointments of Dean Blanchard, Audrey Blanchard, Andrew Nelson, Evelyn Young, and Mr. Bernard Leung to serve with already appointed Chairman Jane Ma Leung. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 10, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-103 and 84-104. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING MAY 24, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. STATEMENT OF CASH TRANSACTION FOR MONTH OF APRIL, 1984. Rec: Receive and file. D. REQUEST FOR APPROVAL of Final Tract Map 17794-1, Alexander Adamek, Applicant. Rec: Waive further reading and adopt Resolution No. 84-60, approving Tract 17794-1 and the bonds and agreements relating thereto. E. REQUEST FOR APPROVAL of Final Tract Map 19074-1, M. B. Johnson, Applicant. Rec: Waive further reading and adopt Resolution No. 84-61, approving Tract No. 19074-1 and the bonds and agreements relating thereto. F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1056 - Highway 111 Improvements (Phases 2 and 3). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. 1056. G. RESOLUTION NO. 84-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING do SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. Upon motion by Puluqi, second by -Jackson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL FROM THE DECISION OF THE PALM DESERT PLANNING COMMISSION OF APRIL 3, 1984, CONDITIONALLY APPROVING AN APPLICATION BY SILVER SPUR ASSOCIATES. SILVER SPUR ASSOCIATES 6; EDWARD C. AND BARBARA J. MALONE, APPELLANTS. (Continued from the Meeting of May 10, 1984.) Mayor Snyder noted that this was a continued public hearing and asked for Staff's report. Mr. Altman asked that this item be continued until further in the Agenda as the City Attorney was not yet present at the meeting, and his input was needed for this public hearing. Upon motion by Puluqi, second by Jackson, and unanimous vote of the Council, this matter was continued until later in the Agenda. B. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-5 TO AHDPR-22, A PRECISE PLAN OF DESIGN, A DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF 512 APARTMENT UNITS ON 24.15 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1,800 FEET EAST OF MONTEREY AVENUE. WESTERN COMMUNITY DEVELOPERS, APPLICANT. Mayor Snyder declared the Public Hearing open and asked for Staff's report. -2- MINUTES - REGULAR CITY COUNCIL MEETING MAY 24, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman reported that this would permit construction of 512 apartment units similar to the agreements and limitations of One Quail Place and recommended approval of this request. Mr. Phil Drell reviewed the Staff report in detail, noting that the project met all zoning requirements except an 8% modification of parking to allow for construction of tennis courts which could later be converted to 76 parking spaces. The applicant is required to bond for the cost of conversion of the tennis courts if in the future the City determines that such conversion is necessary. He noted that the developer would be required to offer 20% of the units at affordable rents in return for the increased density. This amounts to 103 apartment units, one and two bedroom, to rent for $400 to $500 per month. The developer would also offer the clubhouse for use by non- profit civic organizations. Mr. Drell noted that the Planning Commission had received a great deal of testimony from homeowners at Palm Desert Greens relative to increased traffic on Country Club Drive. He noted that while Staff agreed that the project would have an effect on traffic, it was not an overall effect because there are many projects on Country Club Drive. Solutions to ingress and egress in this part of Country Club Drive should start at Palm Desert Greens where access roads need to be opened up from their current closed status. The developer will be required to install a fully landscaped median. The other concern expressed was the potential for other affordable projects in this area. Mr. Drell pointed out that the City's Housing Element would allow only one such project in an area, so this was not a concern. He further noted that Staff feels this project satisifies the City's goals and objectives for residential housing and recommended approval of the project. Mayor Snyder invited input in FAVOR of the project. MR. WILLIAM DELEEUW, 73-811 Highway 111, Palm Desert, expressed his concurrence with the Staff report. He said that his firm had a substantial investment in a project as large as this, which would be their own incentive to maintain the property and its value. The size of the project allowed them to offer country club type amenities. Other existing developments would have to clean up their act in order to keep their tenants when this project enters the competitive market. As far as security for the project, there will be two gates which would be electronically controlled. They would also be willing to provide full- time guards if the gates were not sufficient. Mayor Snyder invited input in OPPOSITION to this project. MR. PAT THEODORE, 73-450 Desert Greens Drive North, Palm Desert, stated that he felt the impact of this project was too great for the area. It would reduce their property values and increase traffic and crime potential. Upon question by Councilman Puluqi about the number of robberies in that area, Mr. Theodore responded that 15 robberies had occurred in the last year. MR. TIM JOHNSON, 42-101 Portola, Palm Desert, stated that he was concerned about the possibility of the lakes being a breeding ground for mosquitos. Mr. Diaz responded that all the lakes and pools will be circulating water, and thus mosquitos would not be a problem. Mayor Snyder invited REBUTTAL to any of the statements. MR. WILLIAM DELEEUW addressed the concern by the Palm Desert Greens homeowners about the traffic problems. He noted that the original plans for Palm Desert Greens had been approved with four exits, and by opening up these roads they could solve the traffic problems themselves. -3- MINUTES REGULAR CITY COUNCIL MEETING MAY 24, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by -Councilman Kelly relative to the number of people allowed to reside in each unit, Mr. DeLeeuw responded that there were no controls at this time, but they would be willing to accept this as a condition of approval. Councilman Kelly also asked if Mr. DeLeeuw would object to a condition requiring them to have a 24-hour guard on the property, and Mr. DeLeeuw noted he would agree to that condition being added to the Development Agreement. Councilmember Jackson moved to: 1) Waive further reading and pass Ordinance No. 376 to second reading; 2) waive further reading and adopt Resolution No. 84-66, approving PP 84-3, subject to conditions; 3) waive further reading and pass Ordinance No. 377 to second reading as amended to include in the Development Agreement 24-hour security and the limitation of one family or two unrelated individuals occupying each unit; and 4) by Minute Motion, approve a Negative Declaration of Environmental Impact. Motion was seconded by Kelly and carried by a 4-0-1 vote of the Council. Councilman Puluqi voted NO, stating his feelings that he was not convinced the City needed this many moderate housing units at this time. With the already approved 387 units at One Quail Place and others, he felt the City might be moving too fast. Councilman Wilson moved to, by Minute Motion, direct Staff to revise the Tentative Housing Map to reflect that no more consideration of high density development be allowed in this area. Motion was seconded by Kelly and carried by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 84-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING DISTRICT NO. 2 IN FISCAL YEAR 1984-85. (LEWIS HOMES TRACT) Mr. Altman reported that this resolution would set a public hearing as required by State law and- recommended the Council adopt Resolution No. 84-63. Upon motion by Puluqi, second by Wilson, Resolution No. 84-63 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 84-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING A VARIANCE TO TITLE 28 (ORDINANCE NO. 221) AS PROVIDED FOR IN CHAPTER 12 OF SAID TITLE (ORDINANCE NO. 230). Mr. Altman reported that this is a routine variance to the Flood Prevention Ordinance requested by the owner of a residential lot on the south side of Buckboard Trail west of Silver Spur Trail. Upon motion by Kelly, second by Puluqi, Resolution No. 84-64 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 84-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING A VARIANCE TO TITLE 28 (ORDINANCE NO. 221) AS PROVIDED FOR IN CHAPTER 12 OF SAID TITLE (ORDINANCE NO. 230). Mr. Altman reported that this is a routine variance to the Flood Prevention Ordinance requested by the owner of a residential lot on the east side of North View Drive between Mesa View Drive and Spyglass Lane. Upon motion by Wilson, second by Kelly, Resolution No. 84-65 was adopted by unanimous vote of the Council. -4- MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * MAY 24, 1984 * * * * * * * * * * * * * X. ORDINANCES For Introduction: A. ORDINANCE NO. 375 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5 AND ORDINANCE 340 OF SAID CITY RELATING TO REMEDIES AND THE COLLECTION OF BUSINESS LICENSE AND TRANSIENT OCCUPANCY TAX LIABILITIES. Mr. Altman reported that in Study Session the City Attorney and Code Enforcement Supervisor discussed this item with the Council. This is a measure to recover some of the costs incurred by the City in its attempts to collect overdue fees owed to the City. Upon motion by Kelly, second by Puluqi, Ordinance No. 375 was passed to second reading by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 371 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.88 TO TITLE 5 OF THE CODE OF THE CITY OF PALM DESERT, TO BE KNOWN AS THE "ADULT ENTERTAINMENT" ORDINANCE. Mr. Altman reported that no further input had been received since first reading of this ordinance and recommended the Council adopt Ordinance No. 371. Upon motion by Kelly, second by Puluqi, Ordinance No. 371 was adopted by a 4-0-1 vote of the Council, with Councilman Wilson abstaining as he was not present at the meeting when the ordinance was introduced. - B. ORDINANCE NO. 372 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.82 TO TITLE 5 OF THE CODE OF THE CITY OF PALM DESERT REGULATING SPECIAL EVENT SALES IN RESIDENTIAL DISTRICTS AND DELETING SECTION 5.64.040, SUBSECTION D, OF TITLE 25 OF THE CODE OF THE CITY OF PALM DESERT. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Puluqi, second by Jackson, Ordinance No. 372 was adopted by a 4-0-1 vote of the Council, with Councilman Wilson abstaining as he was not present at the meeting when the ordinance was introduced. C. ORDINANCE NO. 373 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 1.08.010 OF CHAPTER 1.08, "AUTHORITY TO ISSUE MISDEMEANOR CITATIONS" AND ADDING SECTION 10.08.030 TO CHAPTER 10.08 "VEHICLE AND TRAFFIC". Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Kelly, second by Jackson, Ordinance No. 373 was adopted by a 4-0-1 vote of the Council, with Councilman Wilson abstaining as he was not present at the meeting when the ordinance was introduced. D. ORDINANCE NO. 374 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 5.04.200, SUBSECTION D, AND ADDING SUBSECTION E AND F OF THE PALM DESERT MUNICIPAL CODE OF THE CITY OF PALM DESERT, CALIFORNIA. Mr. Altman reported that no further input had been received since first reading of this ordinance. -5- MINUTES REGULAR CITY COUNCIL MEETING MAY 24, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Kelly, second by Puluqi, Ordinance No. 374 was adopted by a 4-0-1 vote of the Council, with Councilman Wilson abstaining as he was not present at the meeting when the ordinance was introduced. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF 1984-85 FISCAL YEAR BUDGET FOR COVE COMMUNITIES FIRE COMMISSION. Mr. Altman reported that this budget is for $1,444,018 while the 1983-84 budget was $1,455,780. This is a decrease of approximately $11,000 and also provides for eight additional fire personnel as a result of negotiations with the County. He noted that the Public Safety Commission had approved the budget in principal and referred it to the Council for action. Councilman Wilson moved to, by Minute Motion, approve the Cove Communities Fire Commission 1984-85 fiscal year budget as submitted. Motion was seconded by Puluqi and carried by unanimous vote of the Council. B. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE 1983-84 STREET OVERLAY AND RECONSTRUCTION PROJECT (CONTRACT NO. 1078). Mr. Altman reported that this was discussed in Study Session and noted that this is the first of two contracts for work on this year's annual street resurfacing program. This work includes asphalt overlay or reconstruction of a number of City streets. Councilman Wilson moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. Motion was seconded by Puluqi and carried by unanimous vote of the Council. C. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE 1983-84 STREET SLURRY SEALING PROJECT (CONTRACT NO. 1079). Mr. Altman reported that this was discussed in Study Session and is the second of two contracts for work on this year's annual street resurfacing program. Councilman Puluqi moved to, by Minute Motion, authorize the City Clerk to advertise and call for for the subject project. Motion was seconded by Jackson and carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE REGARDING FRONT YARD WALL HEIGHTS. CITY OF PALM DESERT, APPLICANT. Mr. Altman reported that in Study Session Mr. Diaz recommended tabling the ordinance for three months and adopting a policy relating to front yard wall heights. Mr. Diaz reported that the policy, if approved, would be as follows: 1. The maximum height of a wooden fence in the first ten feet of the front yard setback shall be three feet. 2. The maximum height of fences and walls of masonry, wrought iron, or concrete material within the first five feet of the front yard setback shall be six feet. -6- MINUTES REGULAR CITY COUNCIL MEETING MAY 24, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. The area between the property line and wall shall be landscaped as approved by the Environmental Services Department. 4. Where a wall or fence will block the visibility of a sidewalk or public right-of-way from a driveway, either on the lot itself or a neighboring lot, a forty-five degree diagonal corner cutoff shall be provided to allow clear vision of the sidewalk or right-of-way for at least 10 feet. 5. All decisions relating to wall and fencing approvals may be appealed to the Palm Desert Architecural Commission. Councilmember Jackson moved to, by Minute Motion, adopt the policy relating to front yard fencing and table the ordinance for 3 months. Motion was seconded by Puluqi and carried by a 4-0-1 vote of the Council Svith Councilman Wilson abstaining as he was not present when this item first came before the Council and did not know the circumstances. B. STAFF UPDATE ON PROPOSED POLICE TAX BALLOT MEASURE. Mr. Altman reported that this item was introduced at Study Session, stating that a meeting had been held with the Palm Desert Homeowners Association regarding increasing the level of our law enforcement. He noted that he will be meeting with Lt. Mike Lewis and the Chief Deputy Sheriff on June 1, 1984, to look at different aspects of law enforcement such as: 1) more identification of vehicles and uniforms; 2) full-time community relations officer who would focus on crime prevention, juvenile programs and doing some crime analysis; and 3) looking at a strike team that could come in based on crime analysis of where the crimes are occuring and stake out the areas. They would also be looking at an additional sergeant to supervise the strike team and a sergeant to supervise the day shift and the community relations program. Mr. Altman further noted that a report would be given to the Council at the next meeting. This report would show a comparison between the level of law enforcement we would have with our present budget and the level of law enforcement we could get with the additional $333,000. MAYOR SNYDER CALLED A 10-MINUTE RECESS AT 8:15 P.M. AND RECONVENED THE MEETING AT 8:25 P.M. VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL FROM THE DECISION OF THE PALM DESERT PLANNING COMMISSION OF APRIL 3, 1984, CONDITIONALLY APPROVING AN APPLICATION BY SILVER SPUR ASSOCIATES. SILVER SPUR ASSOCIATES do EDWARD C. AND BARBARA J. MALONE, APPELLANTS. (Continued from the Meeting of May 10, 1984.) Mr. Altman reported that on May 21, 1984, a meeting was held with opponents and proponents of the Ironwood Development in an attempt to see if the issues could be clarified. They were unable to isolate the issues but did ask for the City Attorney's opinion as to how to go about resolving this matter. Mr. Erwin had advised them that the City Council would have to hear the two appeals as separate items, deciding on the Malone appeal first with the Silver Spur Associates appeal second. Mr. Altman summarized the two appeals, noting that Mr. and Mrs. Malone are appealing the entire Planning Commission decision and approval of the Tentative Tract, while Silver Spur Associates is appealing the conditions modifying the previously approved Tentative Tract 19640 and deletion of five lots on the south side of the 16th hole. Councilman Wilson noted for the record that he had listened to the taped transcript of the first meeting on this item which was held at the last Council meeting. He stated he had also visited and looked at the sites in question. -7- MINUTES REGULAR CITY COUNCIL MEETING MAY 24, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder stated that the Council would deal with the Malone appeal first and invited input in FAVOR of this appeal. MR. E.C. MALONE, 9555 Genesee Avenue, San Diego, addressed the Council and requested a continuance of this matter for two weeks for the following reasons: Monday, May 21, 1984, he received some information from the Coachella Valley Water District that he felt would be important in understanding this case. At the May 21st meeting, he indicated that he felt what was really needed was the opinion of the City Attorney as to some of the technical issues that are the core of this appeal. He asked that he be given these opinions at least a week prior to the hearing so that they and their counsel could look at them and prepare for the hearing. Mayor Snyder noted that as this was an open public hearing, the Council still would receive the rest of the testimony for and against the appeal before deciding whether or not to grant a continuance. Mr. Malone continued with his testimony. He felt the Council should first establish whether or not CUP 13-82 is still in force on this project before considering any of the testimony. It was his feeling that the CUP is still in force, whereas Mr. Spicer is of the opinion that it is not in force. He also pointed out that the Palm Desert Zoning Map for the Ironwood area that is being developed indicates "PR-7 (CUP 13-82r and believes that this establishes the fact that the CUP is still in effect on the project. He noted the agreement between the Coachella Valley Water District and Ironwood stated that that area was for recreational use only and was advised by Mr. Levy of the Coachella Valley Water District that this lease has never been amended. MR. DOUG PHILLIPS, DEPUTY CITY ATTORNEY, ENTERED THE MEETING AT 8:40 P.M. Mr. Malone next addresedrthe issue of the October, 1983, hearing which he believes was improperly noticed. He wondered whether this would mean that the map was not valid at all and whether the amended map legally superceded the original map. Another reason he felt this Tentative Tract should not be approved is because he and the other people who live on the ends of the cul-de-sacs paid substantial premiums, and the maps and everything they had been told would indicate that no development would ever take place across the channel. It was his feeling that the entire matter should be referred to the Planning Commission for its reconsideration before the Council takes any action. If the Council did not want to refer the whole project to the Planning Commission, then he felt a compromise would be to approve 24 to 26 lots north of the channel but not to allow the street to be stubbed out. MR. LOCKWOOD HAIGHT, 73-364 Poinciana, Palm Desert, addressed the Council and concurred with Mr. Malone's statements. He also felt that the homeowners had no other legislative body to turn to but the Council and felt the Council had an obligation to the homeowners to disallow any development in that area. MR. DAVID ERWIN, CITY ATTORNEY, ENTERED THE MEETING AT 8:50 P.M. Mayor Snyder invited input in OPPOSITION to this appeal. MR. KENNETH KRAMER, Attorney for Silver Spur Associates, addressed the issue of the Conditional Use Permit. He stated it was his recollection that at Study Session Mr. Erwin stated that a Conditional Use Permit was not binding on the Council. It was also his belief that a CUP could be amended or modified by the Council if they so chose. Upon question by Councilman Puluqi, Mr. Erwin stated that a CUP may be subject to change at any time by the Council going through the public notice and hearing process. -8- MINUTES _ REGULAR CITY COUNCIL MEETING MAY 24, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Kramer continued and addressed the subject of the Coachella Valley Water District lease. He stated that technically the lease has not been amended; however, the property has been transferred by conveyance to Silver Spur Associates, and the lease has been "merged with title". This means that Silver Spur Associates, being both the owner and lessee, no longer needs the lease and, therefore, the lease is no longer in existence. As far as the issue of notice of the October, 1983, hearing, it was his understanding that notice was properly given. He also referenced Government Code Section 6641.5 which states "failure to receive notice shall not invalidate any action taken pursuant to this division". MR. LARRY SPICER, President of Ironwood Corporation representing Silver Spur Associates, 49-200 Mariposa Drive, Palm Desert, stated that one of the provisions of the CUP was that it would expire in June, 1982, with respect to undeveloped land. He also presented a 3-dimensional model that showed a before and after grading condition of Phase II of the planned development. He further noted that Mr. Levy of the Coachella Valley Water District was present to answer any questions the Council might have regarding the Water District's side of the transaction on this property. Mayor Snyder invited REBUTTAL to either side of the appeal. MR. E.C. MALONE addressed the Council and stated that he concurred with Mr. Kramer's statement that a CUP is not binding if the Council goes through the public hearing process and makes a decision to amend or change the CUP. However, he feels the CUP is there to protect the people who rely on it, and the Ironwood homeowners did rely on it. He again questioned the City Attorney as to whether or not the CUP is in force today and felt the Planning Commission believed it was not in force. Upon question by Councilman Pulugi, Mr. Erwin stated that to the extent that the Conditional Use Permit was utilized and property was developed, that CUP is still in effect. As for the property that is not developed, it is possible that the.Council could amend it. Mr. Malone reiterated his feeling that the CUP is still in effect because a golf course was built on that land, and he felt that a golf course should be considered as developed property. MR. DOUG PHILLIPS, Deputy City Attorney, rioted that a condition of the CUP defines development to mean two things: 1) recordation of a subdivision map; and 2) beginning of construction of private streets within the project. If there is an undeveloped portion of the project, then the CUP is not in effect as to that undeveloped portion. Mr. Malone stated his belief that if a piece of land is zoned zero density and zero units and a golf course is built on that land, then it should be considered developed land since it is a completed area as far as the plan goes; thus the CUP would still be in force. MR. LOCKWOOD HAIGHT readdressed the Council regarding Mr. Kramer's statement that even if notice had been improperly given to homeowners, recent State law says it would not invalidate any action taken. If that were true, then he wondered what would be the point of sending out notices at all. He also restated that he felt the matter should be sent back to the Planning Commission for their consideration. Mr. Altman responded that one of the things that came out at the meeting on Monday was the issue of legal notice. Mr. Phillips researched the issue, and it is the City's position that proper notice was given. Councilmember Jackson asked Mr. Haight to what extent he felt he would be harmed if this property were to be developed. He responded that they had never considered how they would be harmed economically. -9- MINUTES REGULAR CITY COUNCIL MEETING MAY 24, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * However, they bought their property on the representations made to them, and the harm is that they did not get what they were promised they would get. MAYOR SNYDER CALLED A RECESS TO GIVE THE COUNCIL AN OPPORTUNITY TO LOOK AT THE MODEL BROUGHT IN BY MR. SPICER. HE RECONVENED THE MEETING AT 10:15 P.M. With no further input offered, Mayor Snyder declared the Public Hearing closed. On the basis that the Council is dealing with an appeal of the entire project and will be further considering the Silver Spur Appeal, Councilman Kelly moved to deny this appeal. Motion was seconded by Jackson and carried by unanimous vote of the Council. Mayor Snyder stated the Council would now consider the Silver Spur Appeal of the conditions modifying the previously approved Tentative Tract 19640 and deletion of five lots on the south side of the 16th fairway. He declared the Public Hearing open and asked for Staffs report. Mr. Diaz reported that there were two matters appealed: 1) deletion of five lots on the south side of the 16th fairway; and 2) a condition that was added by the Planning Commission nullifying approval of the Tentative Tract Map that had been approved in October of 1983. He stated that the second item was not appealable because it is within our code requirement that once a second tract map is approved on the same parcel of property, the first tract map becomes null and void. He went on to review the staff report in detail, noting that Section 65589.5 of the California State Subdivision Map Act requires that it must be shown through substantial evidence that the development as set forth would have an adverse affect on public health or safety and that the only way to mitigate that public health or safety is by reducing the density of the project. He also noted that if the Council wished to affirm the Planning Commission's decision and deny the appeal, Staff would recommend that the specific matter of reduction of the lots be referred back to the Planning Commission for comment in order to provide the Council with the substantial evidence of the adverse affect on the public health or safety. He asked the City Attorney if this matter could be referred back to the Planning Commission for discussion. Mr. Erwin responded that if the Council wanted to send it back, they would have to deny the appeal. Another alternative would be for the Council to deny the appeal, make the specific findings themselves and in effect approve the project with the reduced density. Or, they could approve the appeal and expand the tract back to its original density. Mayor Snyder invited input in FAVOR of this appeal. MR. LARRY SPICER, President of Ironwood, 49-200 Mariposa Drive, Palm Desert, stated he had nothing further to add but would answer any questions the Council might have. MR. KENNETH KRAMER, Attorney for Ironwood, stated he based the appeal on the following: 1) failure of the Planning Commission to make substantial findings; 2) the density requirement; and 3) validity of the deletion of the lots. He then went on to elaborate on each of the points. He further stated that it was his feeling that this matter could not be referred back to the Planning Commission and read a portion of the Subdivision Map Act relative to appeals. This section stated "upon the filing of an appeal, the appeal board or legislative body shall set the matter for hearing. Such hearing shall be held within 30 days after date of filing the appeal; within 10 days following the conclusion of the hearing, the appeal board or legislative body shall render its decision on the appeal". Mr. Erwin responded that the Council has the right to deny the appeal. Such denial would be considered a decision, and the Council could further request that the Planning Commission look at this matter again. -10- MINUTES REGULAR CITY COUNCIL MEETING MAY 24, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder invited input in OPPOSITION to this appeal. MR. E.C. MALONE stated that he felt this should be referred back to the Planning Commission for its findings. MR. LOCKWOOD HAIGHT agreed with Mr. Malone and urged the Council to refer the matter back to the Planning Commission or to approve the decision Planning Commission had already made. Councilman Wilson questioned whether the Planning Commissioners had been notified that they may have to substantiate their findings. Mr. Diaz responded that at a Study Session the Planning Commission had been advised that if the Council were to support the Planning Commission decision, then the matter of specific findings to reduce the lots would be referred back to them for compliance to Government Code Section 65589.5. With no further input offered, Mayor Snyder declared the public hearing closed. Upon motion by Jackson, second by Puluqi, the Council upheld the appeal of the Planning Commission decision only as far as the deletion of the five lots. Motion carried by a 4-0-1 vote of the Council, with Councilman Wilson voting NO because he felt he did not have enough evidence to support this appeal. As the portion of the appeal relative to the rescission of the earlier approved Tentative Tract Map, this item is not appealable and, therefore, no action is required by the Council. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. PUBLIC SAFETY COMMISSION Mr. Altman requested that Councilman Kelly be appointed to the Public Safety Commission to replace Councilman Puluqi, who will be on a temporary leave of absence. This appointment would be effective June 30, 1984. Mayor Snyder suggested that Councilman Puluqi attend the next meeting with Councilman Kelly. These meetings are held on the third Wednesday of each month. 2. JOSHUA ROAD DRAINAGE STUDY Mr. Altman recommended that $119,000 of the Drainage Budget be authorized and transferred to this project and be reflected in the capital improvements budget. Councilman Puluqi moved to, by Minute Motion, transfer $119,000 of the Drainage Budget to the Joshua Road Drainage Project. Motion was seconded by Councilmember Jackson and carried by unanimous vote of the Council. 3. FAMILY YMCA Mr. Altman recommended the Council appropriate $10,000 for the "SAY" program for the Family YMCA, contingent upon approval of the Parks & Recreation Commission. Councilman Puluqi moved to, by Minute Motion, appropriate $10,000 for the Family YMCA "SAY" program, contingent upon approval of the Parks & Recreation Commission. Motion was seconded by Jackson and carried by unanimous vote of the Council. -11- MINUTES REGULAR CITY COUNCIL MEETING MAY 24, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. CALIFORNIA PARK & RECREATION FACILITIES BOND ACT Mr. Altman recommended the Council send a letter, signed by the Mayor, endorsing the California Park & Recreation Facilities Bond Act. Councilman Puluqi moved to, by Minute Motion, send a letter signed by the Mayor endorsing the California Park & Recreation Facilities Bond Act. Motion was seconded by Kelly and carried by unanimous vote of the Council. 5. DESERT PHONE UPDATE Mr. Altman reported that this was discussed in Study Session with Mr. Allen of the Code Enforcement Department presenting a report on this company. He recommended that the Council send a letter to the Public Utilities Commission asking them to look into this matter, as it would be within its jurisdiction. Councilman Puluqi moved to, by Minute Motion, direct Staff to send a letter to the Public Utilities Commission asking them to look into the matter of Desert Phone Company. Motion was seconded by Jackson and carried by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilman Kelly proposed that the Staff be allowed to wear summer clothing to Council meetings due to the hot weather. Councilman Kelly moved to, by Minute Motion, allow Staff to attend Council meetings in summer clothing and not require them to wear ties. Motion was seconded by Jackson. Motion carried by a 4-1 vote of the Council, with Councilman Puluqi voting NO as he felt the Staff and Council look more professional when wearing suits and ties. 2. Councilmember Jackson proposed that the Council adopt a resolution opposing construction of a prison in the Coachella Valley. Upon motion by Puluqi, second by Kelly, Resolution No. 84-67, opposing construction of a prison in the Coachella Valley, was adopted by unanimous vote of the Council. 3. Mayor Snyder asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Puluqi, second by Jackson, Mayor Snyder adjourned the meeting at 11:25 P.M. TTEST: SHE1LA R. GILLIeAN, CIT)LERK CITY OF PALM DESERT, ALIFORNIA 7 );3a(1/1( WALTER H. SNYDER, MAYO -12-