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Home My WebLink About2005-07-07MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL THURSDAY, JULY 7, 2005 — 9:00 A.M. CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Pro Tem Ferguson convened the meeting at 9:00 a.m. II. ROLL CALL Present: Excused Absences: Councilman Richard S. Kelly Councilmember Jean M. Benson Councilman Robert A. Spiegel Mayor Buford A. Crites Mayor Pro Tem Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Deputy City Attorney Sheila R. Gilligan, ACM for Community Services Justin McCarthy, ACM for Development Services Rachelle D. Klassen City Clerk Mark D. Greenwood, City Engineer Michael J. Errante, Director of Public Works Jose Luis Espinoza, Assistant Finance Director III. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Jim Ferguson IV. INVOCATION - Councilman Richard S. Kelly V. ORAL COMMUNICATIONS None MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL VI. ADJOURN TO CLOSED SESSION JULY 7, 2005 From this point forward is a verbatim transcript of the announcements, discussion, and action occurring at this meeting. Key JF Jim Ferguson, Mayor Pro Tem RSK Richard S. Kelly, Councilman RAS Robert A. Spiegel, Councilman RDK Rachelle D. Klassen, City Clerk RWH Robert W. Hargreaves, Deputy City Attorney SL Sue Loftin, Attorney for the Applicant, Indian Springs, Ltd. JF Okay, let me go through the agenda this moming. We do have one item under Old Business, which is "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." That is preceded by two items, one is Oral Communications, the second is a brief Closed Session of the Palm Desert City Council. I will open it up at this point to Oral Communications, bearing in mind that it is my intent to offer the Applicant an opportunity to present testimony or discussion, or to pose questions, as well as the tenants or other interested parties of Indian Springs, at the time that we consider that matter. So at this point, I'II open it up to Oral Communications and ask if there's anybody in the audience who wishes to address any item not otherwise on today's agenda. Seeing no one, I will go ahead and see if there's a motion to adjourn to Closed Session. (Inaudible) JF Motion by Councilman Kelly, second by Councilman Spiegel, please vote. RDK Motion carries by unanimous vote. JF I would anticipate that we will rejoin you shortly. So if you'd please bear with us, we'll be right back. RWH Mr. Mayor, just for the record, the Closed Session is going to be regarding the Indian Springs matter, and it's anticipated litigation based on statements made by the Applicant's attorney, both in various writings and in testimony before the City Council. 2 MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL JF Correct. JULY 7, 2005 Upon a motion by Kelly, second by Spiegel, and 3-0 vote of the City Council, with Benson and Crites ABSENT, Mayor Pro Tem Ferguson adjourned the meeting to Closed Session at 9:05 a.m. He reconvened the meeting at 9:20 a.m. Request for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 1 VII. RECONVENE MEETING A. REPORT ON ACTION FROM CLOSED SESSION. JF Okay, I'II go ahead and reconvene the City Council Meeting. Mr. City Attorney, is there any reportable action from Closed Session? RWH No reportable actions taken. VIII. OLD BUSINESS 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). JF Okay, then we will move to Old Business. Item A, "Consideration of an Appeal of a Decision of the Planning Commission, Approving a Parcel Map to Establish a One -lot Subdivision." Is there a staff report? RWH Mr. Mayor, you have before you the Resolution No. 05-18A, which is staffs proposal with respect to a resolution on this matter. The resolution, in summary, affirms the decision of the Planning Commission to the extent that it's not inconsistent with this resolution. It imposes a sewer condition, but it has an additional condition in there that allows for the sewer condition to be withdrawn if the Applicant can come forward with reasonable evidence that this will, in fact, result in a bona fide resident conversion. 3 MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL JULY 7, 2005 JF Okay. Any questions of staff? Okay. And we did get a copy of this resolution, I believe yesterday, to both the Applicant and the Mobile Home Association? RWH Yes, we did. JF Okay. RWH Also for the record, we have received, in the last few days, there was a statement by members of the Board of Directors of the Homeowners Association to the effect that the Board did not, whether they had no recollection or evidence that there was an agreement with respect to the tenant survey. That information was communicated to the Applicant, and they have responded with information that I have left with you, basically to the effect that there was an ongoing process between the Homeowners Association and the Applicant with respect to the survey. Although, they acknowledge that there was no written agreement. JF Okay. I have the tenants' packet of information, and I believe, Ms Loftin, I have your brief here. And, again, in lay terms, if this is a bona fide transaction, the condition for a conversion to sewer will not apply. If it's not a bona fide transaction, it will apply. The Legislature, in its wisdom, did not define what bona fide was. The legal definition is probably not all that illuminating either, but it basically means without fraud or deceit, straightforward and honest, an arms' length, fair market transaction. We've imposed a condition that the Applicant provide us with evidence of a bona fide transaction. We've asked for a survey, indicating a reasonable number of residents who want to convert the park and also some evidence of an appraisal, or basically, a fair market value offer to the residents, and at least, in my mind, a bona fide transaction would mean that you folks be asked to do that survey after you know whether you're going to convert to sewer, how much your lots are going to cost, and you have the ability to evaluate the fairness in the marketplace of the offer. So that may be a little bit muddled, but that's, in essence, what the City is attempting to do. So at this point, I'II ask the Applicant if he or she wishes to make any remarks on behalf of their client. SL Good morning. Sue Loftin on behalf of the Applicant. And we were under the impression that the public hearing was closed at the last hearing, and there would not be any additional testimony. Notwithstanding, renew our objections to Condition No. 5 as it is stated in the Planning Commission Resolution for the reasons that we have stated at public hearings and in writings submitted to this body. We object to the new Condition No. 7 on the basis that it violates City Ordinance, Chapter No. 25.86.030, -86.040, -86.050, -86.080; Chapter 26,-20.117, -32.080, -52.010, and Govemment Code 66452.5. Forthe record, we incorporate all correspondence, documents, materials that we have submitted at both the Planning Commission and 4 MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL JULY 7, 2005 before this body, as well as all oral testimony, and we thank you for your consideration of the project. JF Can I ask a question, Ms. Loftin? When you sort of had that residual clean-up clause about incorporating everything, I'm assuming that's up through and including today? SL Yes. That is up through and including today. JF So that would include the tenants' objections to the survey, as well as your objections to their objections. SL I have not...it looks to me like you have a lot more paper in their objections. I got one page. So I don't know what they submitted. I did not get... JF I'II be happy to let you take a look at it. But I think this is vvfiat's of record with us, so... SL Oh, I don't have a copy of that. JF Okay. I'll make sure that you get a copy. SL Thank you. JF Anything further for the Applicant? Okay. Indian Springs Mobile Home Park, any of the residents have any testimony they wish to offer? Okay, seeing no one, I will ask the Council what their pleasure is. RAS I would move to approve Resolution No. 5-18A. RSK Second. JF There's been a motion by Councilman Spiegel, second by Councilman Kelly. Any further discussion? Please vote. RDK Motion carries by unanimous vote, 3-0. For purposes of clarification: Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-18A. Motion was seconded by Councilman Kelly and carried by a 3-0 vote, with Councilmember Benson and Mayor Crites ABSENT. 5 MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL JULY 7, 2005 IX. ADJOURNMENT JF That will conclude our business here this moming. We are in adjournment. RDK 9:26 a.m. ATTEST: R HE LE . KLASSE , Cr'T CLER CITY OF PALM DESERT, CALIFORNIA JI AYOR PRO-TEMPORE 6