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HomeMy WebLinkAbout1982-01-28} MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 28, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson convened the Regular Meeting of the City Council at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander IV. ROLL CALL Present: V. VI. Councilman James E. McPherson Mayor Pro-Tempore Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul E. Byers, Director of Finance Frank Allen, Code Enforcement Supervisor AWARDS, PRESENTATIONS, AND APPOINTMENTS None CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of December 17, 1981. (Continued from the Meeting of January 14, 1982.) Rec: Approve as presented. B. MINUTES of the Regular City Council Meeting of January 14, 1982. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-071 and 82-072. Rec: Approve as presented. D. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF DECEMBER, 1981. Rec: Receive and file. E. REQUEST FOR RELEASE OF MAINTENANCE BOND FOR TRACT NO. 5564, Ironwood Country Club, Applicant. Rec: Approve the request and authorize the City Clerk to release said Maintenance Bond. MINUTES REGULAR CITY COUNCIL MEETING JANUARY 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REQUEST FOR RELEASE OF MAINTENANCE BONDS FOR TRACT NOS. 5565-4 AND 5565-5, Ironwood Country Club, Applicant. Rec: Approve the request and authorize the City Clerk to release said Maintenance Bonds. G. REQUEST FOR RELEASE OF MAINTENANCE BOND FOR TRACT NO. 6229-1, Marrakesh Building & Country Club Corp., Applicant. Rec: Approve the request and authorize the City Clerk to release said Maintenance Bond. H. REQUEST FOR RELEASE OF MAINTENANCE BOND FOR TRACT NO. 8237, Affiliated Construction Company, Inc, Applicant. Rec: Approve the request and authorize the City Clerk to release said Maintenance Bond. I. REQUEST FOR RELEASE OF MAINTENANCE BOND FOR TRACT 10202, Portola Village, Applicant. Rec: Approve the request and authorize the City Clerk to release said Maintenance Bond. 3. REQUEST FOR RELEASE OF MAINTENANCE BOND FOR TRACT NO. 11390, Pasqual Properties, Inc, Applicant. Rec: Approve the request and authorize the City Clerk to release said Maintenance Bond. K. REQUEST FOR RELEASE OF MAINTENANCE BOND FOR TRACT NO. 11881, Curt G. Dunham, Applicant. Rec: Approve the request and authorize the City Clerk to release said Maintenance Bond. L. REQUEST FOR RELEASE OF MAINTENANCE BOND FOR TRACT NO. 13586, Portola Country Club, Applicant. Rec: Approve the request and authorize the City Clerk to release said Maintenance Bond. Upon motion by McPherson, second by Newbrander, and unanimous vote, the Consent Calendar was approved as presented. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE TO ALLOW A TRASH HANDLING ALTERNATIVE. Mayor Wilson declared the Public Hearing Open and called for the Staff Report. Mr. Diaz reviewed the report stating that this ordinance would allow the use of trash bins placed in concrete pits as an alternative to the 6 foot high block wall trash enclosures now required. He pointed out that -2- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the City had used them in Presidents' Plaza and found them a successful alternative. Therefore, Staff recommended approval. Mayor. Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Councilman McPherson expressed concern about trash being put in the containers. Mr. Diaz responded that hopefully there will be one landlord per bin and they will do the policing. Mr. Bouman noted that the pits being used in Presidents' Plaza were metal lined pits and yet the proposed ordinance referred only to concrete pits. He suggested that both be included in the ordinance. Upon motion by Snyder, second by Puluqi, and unanimous vote, Ordinance No. 283, as amended, was passed to second reading. B. REQUEST FOR CONSIDERATION OF CASE NO. VAR 04-81, CGO EN i txrttuSES AND R. F. SWEET AND ASSOCIATESt APPELLANTS. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION FOR A VARIANCE REQUEST REDUCING THE MINIMUM DWELLING UNIT SIZE IN THE R-3 ZONE ON A SITE LOCATED AT THE NORTHWEST CORNER OF SHADOW HILLS ROAD AND DRIFTWOOD DRIVE. Mayor Wilson declared the Public Hearing Open and asked Staff for their report. Mr. Diaz reviewed the report stating that the Planning Commission, at their meeting of January 5, 1982, had denied the request in that the required findings for a variance could not be established. The Commission further instructed staff to prepare amendments to the Ordinance which would provide for smaller dwelling unit size and studio apartments. Mr. Diaz reviewed the findings required in order for a variance to be granted and explained why the request did not meet these findings. Mayor Wilson invited input from the Applicant. MR. CHARLES SWEET, 74-595 Peppertree, Palm Desert, addressed Council as the applicant. He stated his disagreement with the Staff Report and reviewed justification he felt sufficient to prove the request did meet the required findings. Mayor Wilson invited public input, and the following was offered: MR. RALPH BUTTERFIELD, 74-621 Driftwood, Palm Desert, addressed Council as a potential neighbor of the structure if it were moved. He stated he was neither for nor against it, but asked how much off-street parking would be required. Mr. Diaz responded that 20 spaces would be required if the request were approved. Mayor Wilson declared the Public Hearing Closed. Member McPherson asked Staff to respond to the applicant's statements. Mr. Diaz stated that the variance must be granted to the land and not the use. He pointed out that the key issue was if the variance was denied, would the applicant be denied the right to construct apartments on the R-3 zoned site. The answer is no. In response to the applicant's statement regarding a negative declaration meaning that the apartment complex would not be negative, -3- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * he stated that this dealt with the effect on the environment as a result of the construction and relocation of the apartments. Mayor Wilson Reopened the Public Hearing at the request of Mr. Roland Sweet. MR. ROLAND SWEET addressed Council citing sections of the Government Code which he felt were applicable to the request and showed justification for it. He stated the apartments had been purchased from the City with the understanding they could be relocated within the City. He felt that the Commissions's direction to Staff to prepare an ordinance which would lower the size requirements would penalize him inasmuch as he needed that provision now. Mr. Erwin advised Council that if, in their judgment, they could make the required findings necessary for the variance, they could grant it. Mayor Wilson declared the Public Hearing Closed. Councilman Newbrander noted for the record that there had been no understanding at the time of the sale of the apartments that they could be relocated within the City. In fact, she felt the understanding was that the buyer had found a location in the County territory. Councilman McPherson stated that the findings required to grant the variance were just not there. Upon motion by McPherson, second by Newbrander, Resolution No. 82-9, denying the appeal, was adopted by unanimous vote. C. REQUEST FOR CONSIDERATION OF A STREET NAME CHANGE - WILLOW STREET TO PALM VALLEY DRIVE. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. McClellan reported that there were two sections of Willow Street, one running east/west and the other north/south. The situation creates confusion not only to the public, but also to emergency vehicles. To alleviate this problem, Staff proposed to change the north/south segment of Willow Street to Palm Valley Drive, affecting approximately 95 homeowners and residents. He noted a petition had been received from 8 residents requesting the name of Edgehill Drive rather than Palm Valley Drive. Mayor Wilson invited public input. MRS. INEZ HYATT, 72-514 Willow Street, spoke in favor of changing the name from Willow to Edgehill Drive. She said she had started the petition and that they were not opposed to a name change, just to a change to Palm Valley Drive because of its likeness to the Palm Valley Storm Channel. DR. PAUL LAKE, 74-602 Willow Street, spoke in opposition to the name change asking that it be changed to Willow Circle for less confusion. He felt an entirely new name would be very difficult for people. With no further input offered, Mayor Wilson declared the Hearing Closed. Councilman Newbrander stated that she did not feel changing Street to Circle, Way, or Road would elminiate any confusion as most people don't pay any attention to that part of the name. Mayor Wilson agreed. -4- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *'* * * Councilman Snyder stated he had received some complaints about the confusion created by the east/west and north/south portions of Willow. He felt it logical to change the name. Upon motion by McPherson, second by Newbrander, Resolution No. 82-10, amended to reflect Edgehill Drive instead of Palm Valley Drive, was adopted by unanimous vote. D. REQUEST FOR CONFIRMATION OF ASSESSMENTS ON PROPERTY OWNERS IN SAID CITY FOR ABATEMENT OF WEEDS AND OTHER NUISANCES. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Bouman explained that this dealt with residences where the City had been forced to go in and clean vacant lots because of public nuisance or fire hazard. Staff had contacted the individual property owners in an attempt to have them take care of the problem, and when they didn't resolve the problem, the City had to. This public hearing was to receive any public input relative to their assessment being charged for the cleanup work which would be made a lien on the property as a result of non-payment. He noted that a Mr. Raff was present who was protesting because he did not receive the certified letters sent to him, and they were in fact returned to the City. Mr. Bouman pointed out that the Municipal Code specifies that the City shall do one of three things to notify property owners, and Staff does two of them — posts the lots and attempts to contact the owners by certified mail. Mayor Wilson invited public input. MR. PHILLIP RAFF, 801 S. Lucerne Avenue, Los Angeles, California, addressed Council opposing his assessment inasmuch as he had not received any notice other than reading it in the Desert Post's legal advertising section. He said that he had been in the area during the holidays, had looked at the property and had never noticed it was posted. In addition, he stated that he had planned to repair the structure on the property for use as a construction office, but it had been removed during abatement. MRS. FAYE SHAPIRO RAFF, 801 S. Lucerne Avenue, Los Angeles, California, explained that she was the owner of the property and that the letters should have been addressed to her as Shapiro Raff inasmuch as she lives in an apartment building and the name Shapiro does not appear on the mail boxes. She noted that all mail from the City had been addressed to Mrs. Faye Shapiro, and the post office did not deliver them. Mr. Allen advised Council that his department had not only posted the lot but had also tried at least twice by certified mail to notify the owners. When this effort was not successful, the City went ahead and had the work done. Mr. Erwin noted that it was the City's policy to give one of three notices to the owner. Inasmuch as the lot had been posted, this had been accomplished. With no further input offered, Mayor Wilson declared the hearing Closed. Councilman Newbrander noted that this area had received many complaints from residents due to trash, debris, etc. Councilman Puluqi noted that the $678 charge for cleaning the lot was more than reasonable due to the size of the property. He stated he -5- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * would be willing to waive the administrative fees if the owners were willing to pay immediately. Mr. and Mrs. Raff agreed to pay the cleaning charges minus any administrative fees while they were at the meeting. Upon motion by McPherson, second by Newbrander, Resolution No. 82-11, amended to delete the charges for parcel #621-190-047-0, was adopted by unanimous vote. IX. RESOLUTIONS A. RESOLUTION NO. 82-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1981-82 BUDGET FOR CAPITAL IMPROVEMENTS AND CURRENT OPERATING PURPOSES. Mr. Bouman reviewed the proposed adjustments noting that there was a recommended reduction in day-to-day operating expenses in the amount of $70,167. The Capital Improvement Projects budget was reduced by $968,400 due to the fact that some projects are being delayed, and they will be rebudgeted for the next fiscal year. He noted that the revenues were also up over $1 Million primarily because of the increased interest rates. The net result of all this was that we would move into the next year with unallocated funds of $3,334,000. This amount should not be considered extra money, however, inasmuch as the capital improvement projects will be accomplished during the next fiscal year. Upon motion by Puluqi, second by Snyder, Resolution No. 82-12 was adopted by unanimous vote. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 282 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 26, SECTION 32.070, OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO ALLOWING LOT LINE ADJUSTMENTS FOR UP TO FOUR ADJACENT PARCELS OF LAND. Mr. McClellan reported that there was no additional input since the first reading of the ordinance. However, Mr. Erwin had revised some of the preamble to the ordinance, but this would not prevent second reading of the ordinance. Upon motion by McPherson, second by Newbrander, Ordinance No. 282 was adopted by unanimous vote. XI. XII. CONSENT ITEMS HELD OVER None NEW BUSINESS None XIII. CONTINUED BUSINESS None -6- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. OLD BUSINESS XV. XVI. None ORAL COMMUNICATIONS - B None REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR APPROVAL OF AGREEMENT TO ADOPT FY 1982-83 PRELIMINARY BUDGET AND FOR CONSOLIDATION AND ADMINISTRATION OF EXISTING COOPERATIVE AGREEMENTS WITH COUNTY OF RIVERSIDE TO PROVIDE FIRE PROTECTION, RESCUE AND MEDICAL AID SERVICES FOR CITIES. Mr. Bouman reported that this document had been received at 4:00 p.m. this date from the City of Indian Wells on behalf of the Fire Commission. They were requesting the Council's action on this interim agreement dealing with the Commission's budget, a plan of action, and the budget for the balance of this fiscal year as well as for 1982-83. The matter had been discussed in Study Session at length. Councilman Newbrander moved to approve the Agreement and Councilman Snyder seconded the motion. Motion carried unanimously. 2. Mr. Bouman asked that the Council adjourn to Closed Session following the Council Meeting for the purpose of discussing litigation. He further requested the Council adjourn from Closed Session to another Closed Session on Wednesday, February 3rd, at 3:00 p.m. for the same purpose. B. CITY ATTORNEY 1. ORDINANCE NO. 284 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING, PURSUANT TO GOVERNMENT CODE SECTION 36503.5, THAT GENERAL MUNICIPAL ELECTIONS IN THE CITY SHALL BE HELD ON THE SAME DAY AS STATEWIDE GENERAL ELECTIONS. Mr. Erwin reported that litigation was pending relative to the constitutionality of the law which enabled cities to consolidate their elections with State-wide general elections. It was the recommendation of the Secretary of State, therefore, for cities who adopted ordinances prior to January 1, 1982, changing their elections, to adopt another ordinance. The litigation dealt with the legality of the legislature to pass a bill dealing with an election on an urgency basis. However, without the urgency •-7- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * clause, the bill would have become law on January 1, 1982, thus the Secretary of State's recommendation for cities to enact this further ordinance. Councilman Newbrander moved to waive further reading and adopt Ordinance No. 284. Councilman McPherson seconded the motion; carried on a 3-1-1 vote by the following vote: AYES: McPherson, Newbrander do Wilson NOES: Puluqi ABSENT: None ABSTAIN: Snyder C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the future meetings listed on the Agenda as verified by the City Clerk. XVII. ADJOURNMENT Councilman McPherson moved to adjourn the meeting to Closed Session. Councilman Newbrander seconded the motion; carried unanimously. Mayor Wilson adjourned the Regular Meeting to Closed Session at 8:32 p.m. Mayor Wilson reconvened the meeting from Closed Session at 9:37 p.m. and adjourned to another Closed Session at 3:00 p.m. on Wednesday, Februar1982. ATTEST: SHEILA R. GIP - AN, CITY C IC CITY OF PALM DESERT, CA ORNIA -8- WIL.�O�MAYO� S. R9Y 7