HomeMy WebLinkAbout1975-12-11MINUTES
PALM DESERT CITY COUNCIL
DECEMBER 11, 1975
CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
Mayor Henry Clark called the meeting to order at 7:00
Thursday, December 11, 1975.
II. PLEDGE
III. INVOCATION
IV. ROLL CALL
Present:
Councilman Aston
Councilwoman Benson
Councilman Brush
Councilman McPherson
Mayor Clark
Also Present:
Harvey L. Hurlburt, City Manager
David J. Erwin, City Attorney
Paul A. Williams, Director of Environmental Services
V. APPROVAL OF MINUTES
p.m.
Councilwoman Benson moved and Councilman McPherson seconded
that the minutes of the November 13, 1975, meeting be approved as
presented. The motion carried unanimously.
VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS
on
A. Councilman Aston moved and Councilman Brush seconded that
a Solar Energy Committee be appointed. The motion carried
unanimously.
VII. CONSENT CALENDAR
Councilwoman Benson moved that Item C, Request from Indian
Springs Mobil Park Association for Council support in opposition to
Rezoning from R-1 and W-1 to W-2 by Riverside County on a 10-Acre
Parcel located in the Cahuilla Hills be removed to Item XI, Consent
Items Held Over.
Councilman McPherson moved and Councilman Brush seconded to
approve the remainder of the Consent Calendar, Items A and B. The
motion carried unanimously.
VIII. PUBLIC HEARING
A. CONTINUED CASE NO. 26MF - CASITAS INVESTMENT FUND: Con-
tinued Hearing on an Appeal of a DRB Approval for Under -
grounding of Overhead Utility Lines for a 6-Unit Apartment
Complex Located at the Northwest Corner of Candlewood Street
and Panorama Drive (Continued from November 13, 1975, meeting).
Mayor Clark explained the procedure for a Public Hearing and
declared the Hearing open.
Mr. Williams reviewed the staff report pointing out that
Staff had been asked two specific questions at the previous
meeting: 1) that the City Attorney review Ordinance No. 38
to determine whether or not it was applicable, and 2) for
December 11, 1975
Page 1
Staff to prepare possible alternatives to undergrounding.
Mr. Williams indicated that a list of possible alternatives
was included in the Staff report.
City Attorney Dave Erwin stated that he had reviewed
Ordinance No. 38 and found it applicable. He further
indicated that he and Mr. Williams had gone to the site
to verify their conclusion.
MR. BERT KRIEGER, 45-565 Verba Santa, Palm Desert, addressed
Council indicating that he was a co-owner of the project and
that they had started two years ago only to experience con-
tinuing problems with the City. He indicated that these
were very costly to them. He stated that they had agreed
to all other conditions imposed on them but did not feel
that the undergrounding of the transmission lines was fair
in that the rest of the area was not undergrounded.
MR. BEN BARNUN, 74-105 Setting Sun Trail, Palm Desert,
addressed Council as co-owner of the project, indicating
that if this condition of undergrounding were imposed that
it would have to apply to all construction in Palm Desert.
He further stated that this requirement would raise the
cost of a construction project by at least $8,000 and
that lending institutions would not cover this cost in
mortgages. He reiterated that he did not feel that his
project should be required to underground in that 900 of
the remaining surrounding area was not undergrounded.
Considerable discussion followed by Council as to the
alternatives presented by Staff and when exceptions should
be made. Councilwoman Benson asked whether the requirement
for undergrounding could be made a part of deed restrictions
for use in the future. Dave Erwin pointed out that once
the property changed hands, there would be no way of tying
the new owner to the requirement.
Councilman Aston pointed out that we have 2 residential
properties, Durco and Shadow Mountain, in which they were
granted the right to build by virtue of undergrounding.
He questioned the City's status if they now decided that
it was not a requirement. Dave Erwin indicated that those
projects were approved subject to those conditions at that
time and that Council had the right to change the policy.
Councilman McPherson stated that he felt Council had been
"beating this thing to death for two years" and that study
should be given to a solution. He felt that an injustice
had been done to the developer and that Council should
either deny or approve the request.
With no further discussion, Mayor Clark declared the
Hearing closed.
Councilman McPherson moved and Councilman Brush seconded to
overrule the findings of the Design Review Board proposing requirements
for undergrounding of transmission lines and find for the appellant.
The following votes were cast:
AYES: Benson, Brush, McPherson, and Clark
NOES: Aston
ABSENT: None
ABSTAIN: None
Councilwoman Benson stated that since the requirement had
been waived that staff should be directed to come up with
a policy which will deal with the reality of when we are
going into this undergrounding for enforcement.
December 11, 1975 Page 2
B. CASE NO. TRACT 5567 - MERCURY ENTERPRISES: Consideration
of a 12-Month Time Extension for the Tentative Map of a
326 Unit Subdivision on 65 Acres East of Highway 74 and
South of Homestead Road. (R-2, R-2-7000, R-1-8000).
Mayor Clark declared the Public Hearing open.
Mr. Williams outlined the staff report to Council indicating
that the original map had been filed with the County of
Riverside and approved by the City Planning Commission on
May 20, 1974, and City Council in June, 1974. He stated
that the Commission had recently reviewed this matter and
denied the extension basically because the tract map
presents several circulation problems within the project
itself as well as surrounding areas that need to be more
adequately addressed and would require some modification
to the Tentative Map. Also, the CUP would become invalid
with the adoption of the new Zoning Ordinance, thus making
the Tract Map also invalid. It was Staff's recommendation,
therefore, that the extension be denied.
MR. ED WRIGHT, 71-430 Halgar Road, Rancho Mirage, addressed
Council as representative of Mercury Enterprises. He stated
that his firm had every intention of going ahead with the
project long before this but that present economic conditions
had prohibited it. He urged that Council grant the extension
of the Tentative Map.
ROSE MARIE ROGERS, 48-485 Curry Drive, Palm Desert, addressed
Council stating that she had just recently learned of the
proposed project and she was a neighbor of it. She did not
feel that the tentative map was clear at all and was not
in favor of it until further investigation had been made.
MR. SAM WOLFE, Desert View Drive, Palm Desert, addressed
Council stating that he was also a neighbor of this project
and that this was the first news he had had of what it was
to be. He asked that the neighbors be informed of what was
being considered.
MR. WRIGHT responded that they were not trying to be
secretive about their project. He further indicated that
the original approval of the CUP had been for 3 years and
felt that that approval was more fair. Councilwoman Benson
questioned this in that the County granted the CUP for 3
years but the City had subsequently changed approvals to
one year by adoption of ordinance.
Mayor Clark closed the Public Hearing.
Councilman Brush moved and Councilwoman Benson seconded to deny
the extension by adoption of Resolution No. 75-125. The motion carried
unanimously.
C. ORDINANCE NO. 101 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 17,
PALM DESERT ELECTRICAL CODE. (Continued from November 20,
1975).
Mayor Clark declared the Public Hearing open.
Councilman Brush stated that he felt Council should dispense
with Staff presentation and unless there was any partici-
pation from the audience, postpone this until the next
meeting.
MR. DONALD BOLIS, 73-182 Skyward Way, Palm Desert, addressed
Council indicating strong support for the amendment to the
Electrical Code. He stated that even though he had heard
what Mr. John White, electrical contractor, had stated at
December 11, 1975 Page 3
the last meeting about its affect on the cost of construction,
he felt that cost was not important where safety was concerned.
Councilman Brush indicated that everyone on Council agreed
with what Mr. Bolls said. He further indicated that he
felt that input should be given by the electrical contractors
in the area and he hoped that they would attend and give
their opinions.
Councilman Brush moved to continue the hearing until December 18,
1975, and Councilman McPherson seconded the motion. The motion carried
unanimously.
IX. RESOLUTIONS
A. RESOLUTION NO. 75-123 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ADVANCE
OF GENERAL FUND MONIES TO THE STATE 1974 PARK BOND ACT FUND.
Mr. Hurlburt explained that under the Historical Facilities
Fund, $46,809 was available to the City for the development
of the Palm Desert Community Park. Under the act, we are
to put the money up and do the work and get reimbursement
from the State or the City may requisition advances of 90%
of the estimated costs after State approval of the plans
and specifications of the project. The final 10% of the
Grant would be withheld until audit of the project costs
were completed by the State. Mr. Hurlburt recommended that
considering the interest that can be earned on the invest-
ment of City funds, that Council authorize the requisition
of the 90% advance from the State and the advance of $4,680
from the General Fund to the State 1974 Park Bond Act Fund.
Councilman Brush moved and Councilman McPherson seconded the
adoption of Resolution No. 75-123. The motion carried unanimously.
B. RESOLUTION NO. 75-124 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING CLAIMS
AND DEMANDS AGAINST THE CITY TREASURY.
Mr. Hurlburt outlined the major expenditures included in the
two demands presented, Demand No. 11-2 and Demand No. 11-3,
totaling $48,748.16.
Councilman Aston moved and Councilman McPherson seconded the
adoption of Resolution No. 75-124. The motion carried unanimously.
C. RESOLUTION NO. 75-126 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING PRE-
VAILING WAGE RATES FOR PUBIC WORKS FOR JANUARY, 1976.
Mr. Hurlburt explained that this was an updating of the
prevailing wage rates for 1976. He stated that this is in
line with the County's recent update of prevailing wage
rates and is in line with other cities in the Valley for
public works projects.
Councilman Brush moved and Councilman Aston seconded the
adoption of Resolution No. 75-126. The motion carried unanimously.
D. RESOLUTION NO. 75-127 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, URGENTLY REQUESTING
CONGRESS AND THE PRESIDENT TO CONTINUE REVENUE SHARING AT
THE EARLIEST POSSIBLE TIME.
Mr. Hurlburt explained that this is a rather popular
December 11, 1975
Page 4
resolution trying to convince Washington to continue the
revenue sharing program.
Councilman Brush moved and Councilman Aston seconded the adoption
of Resolution No. 75-127. The motion carried unanimously.
E. RESOLUTION NO. 75-128 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO PERMIT
THE COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED SERVICES
TO THE CITY OF PALM DESERT RELATING TO THE CONDUCT OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
MARCH 2, 1976.
Mr. Hurlburt explained that this was a routine resolution
to have the County conduct our election. This is follow-up
action to Council's decision approved at the previous meeting.
Councilman Aston moved and Councilman Brush seconded the adoption
of Resolution No. 75-129. The motion carried unanimously.
F. RESOLUTION NO. 75-129 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO
BE HELD IN SAID CITY ON TUESDAY, THE 2ND DAY OF MARCH, 1976,
FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES.
Mr. Hurlburt explained that this resolution established
polling places, precincts, judges, inspectors, clerks, etc.
for the upcoming election. It also includes payment to
workers and polling places for their services. Mr. Hurlburt
noted that the County had advised that the payment to inspec-
tors should be $29 and to judges and clerks $24 rather than
the $24 and $19 stated in the resolution. These figures
would be changed.
Councilman Brush moved and Councilman Aston seconded the adoption
of Resolution No. 75-129 to include the two changes. Motion carried
unanimously.
X. ORDINANCES
For Introduction:
A. ORDINANCE NO. 102 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, REGULATING AND PROHIBITING
USES OF SOUND TRUCKS.
Mr. Hurlburt explained that this is a popular ordinance used
by many cities. What it does is not prohibit them but con-
trol them. Our ordinance does eliminate the use of sound
trucks in residential areas and also requires that a permit
be issued before use.
Councilman Urush moved and Councilman Aston seconded to waive
further reading and pass to second reading Ordinance No. 102. The
motion carried unanimously.
B. ORDINANCE NO. 104 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REGULATING FOOD HANDLERS.
Mr. Hurlburt indicated that this ordinance requires any
person handling food in public places to pass a medical
examination and have a permit issued to him before being
allowed to handle food. The individual is responsible for
paying for both the examination and the permit. However,
December 11, 1975 Page 5
in most cases, the employer would either pay for it or
reimburse his employee.
Councilman Aston moved and Councilman Brush seconded to waive
further reading and pass Ordinance No. 104 to second reading. The
motion carried unanimously.
C. ORDINANCE NO. 105 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE INSPEC-
TION AND POSTING AND GRADING OF RESTAURANTS.
Mr. Hurlburt explained that the County conducts a restaurant
rating probram in the unincorporated areas and under a new
program, they will be conducting the same rating program in
incorporated areas. This inspection will be conducted 4
times a year and the restaurant owner will be charged $66.44.
Our ordinance requires that the County post restaurant
ratings as "A", "B", or "C" and this will also be done 4
times a year. He further indicated that he will be sending
a letter to all food handling establishments outlining what
the City is requiring.
Councilman Brush moved and Councilman Aston seconded to waive
further reading and pass to second reading Ordinance No. 105. The
motion carried unanimously.
For Adoption:
A. ORDINANCE NO. 93 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ADOPTING ARTICLES 25.1-25.6
OF THE ZONING ORDINANCE.
Mr. Williams outlined the sections covered:
25.1 Title, Recitals, Intent and Purpose
25.2 Definitions
25.3 Nature and Scope of the Regulations
25.4 Interpretations of the Regulations
25.5 Application
25.6 Establishment of Districts
Councilman Aston moved and Councilman brush seconded to waive
further reading and adopt Ordinance No. 93; carried unanimously.
B. ORDINANCE NO. 94 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ADOPTING ARTICLES 25.7 -
25.14 OF THE PALM DESERT ZONING ORDINANCE.
Mr. Williams outlined the sections covered:
25.7
25.8
25.9
25.10
25.11
25.12
25.13
25.14
Agricultural District
Residential Districts
Residential - Estate
Residential - Single Family (R1)
Residential - Single Family (R2)
Residential - Multi Family (R3)
Residential - Mobile Home Park and Mobile Home
Subdivision (RM)
Planned Residential District (PR)
Councilman Brush moved and Councilman McPherson seconded to
waive further reading and adopt Ordinance No. 94; carried unanimously.
C. ORDINANCE NO. 95 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ADOPTING ARTICLES 25.15 -
25.18 OF THE PALM DESERT ZONING ORDINANCE.
Mr. Williams outlined the sections covered in this
ordinance.
25.15 Commercial Districts
December 11, 1975
Page 6
25.16 General Commercial District (C1)
25.17 Reserved
25.18 Planned Commercial District (PC)
Councilman Brush moved and Councilman Aston seconded to waive
further reading and adopt Ordinance No. 95. Carried unanimously.
D. ORDINANCE NO. 96 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ARTICLES
25.19 - 25.21 OF THE PALM DESERT ZONING ORDINANCE.
Mr. Williams indicated the sections covered:
25.19 Industrial Districts
25.20 Service Industrial (SI)
25.21 Planned Industrial District (PI)
Councilman Brush moved and Councilman Aston seconded to waive
further reading and adopt Ordinance No. 96; motion carried unanimously.
E. ORDINANCE NO. 97 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ADOPTING ARTICLES 25.22 -
25.31 OF THE PALM DESERT ZONING ORDINANCE.
Mr. Williams indicated the sections covered:
25.22 Public/Institutional District (P)
25.23 Study District (S)
25.24 Open Space (OS)
25.25 Combininb Overlay Districts
25.26 Drainageway, Flood Plain, Watercourse Overlay
District
25.27 Ssismic Hazard Overlay District (SH)
25.28 Natural Factors/Restricted Development Overlay (N)
25.29 Hillside Development Overlay District (H)
25.30 Reserved
25.31 Scenic Preservation Overlay (SP)
Councilman Brush moved and Councilman Aston seconded to waive
further reading and adopt Ordinance No. 97; carried unanimously.
F. ORDINANCE NO. 98 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ADOPTING ARTICLES 25.32 -
25.38 OF THE PALM DESERT ZONING ORDINANCE.
25.32 General Provisions
25.33 Off -Street Parking and Loading Requirements
25.34 Building Line Regulations
25.35 Permitted Temporary Uses
25.36 Home Occupations
25.37 Line of Site
25.38 Signs
Councilman Brush moved and Councilman Aston seconded to waive
further reading and adopt Ordinance No. 98. The motion carried unani-
mously.
G. ORDINANCE NO. 99 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ADOPTING ARTICLES 25-39 -
25.45 OF THE PALM DESERT ZONING ORDINANCE.
Mr. Williams outlined the following sections:
25.39
25.40
25.41
25.42
December 11, 1975
Administrat ion
Non -Conforming Lots, Buildings, Uses and Land
Environmental Impact Report Requirements
Certificates of Use and Occupancy
Page 7
25.43 Enforcement, Legal Procedure, Penalties
25.44 Adoption and Amendment of General Plan
Procedures
25.45 Interpretation of District Boundaries and
Word Usage
Councilman Brush moved and Councilman Aston seconded to waive
further reading and adopt Ordinance No. 99; carried unanimously.
H. ORDINANCE NO. 100 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 15, PALM
DESERT ADMINISTRATIVE CONSTRUCTION CODE.
Mr. Hurlburt explained that this had been explained in
detail at the first reading and asked if there were
questions. Councilman McPherson indicated that due to
some matters that had come up since the passing of first
reading that he would like to have the matter continued.
Mr. Ben Barnum presented a letter to Council unanimously
signed by the Board of Appeals.
Councilman McPherson moved to continue Ordinance No. 100 to the
meeting of December 18th and have it appear for first reading with sug-
gested modifications; Councilman Brush seconded the motion. The motion
carried unanimously.
I. ORDINANCE NO. 103 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, REGULATING SOLICITING,
HAWKING AND PEDDLING.
Mr. Hurlburt indicated that this had been explained in
detail during the first reading and asked if there were
any questions of Staff. There were none.
Councilman Brush moved and Councilman Aston seconded to waive
further reading and adopt Ordinance No. 103. Motion carried unanimously.
XI. CONSENT ITEMS HELD OVER
C. Councilwoman Benson stated that she had requested this item
held over for Staff's clarification of the circumstances.
Mr. Williams explained that the petition requested the City
Council to protest the proposed rezoning of County property
near west of Indian Springs Mobile Home Park from R-1-1 and
W-1 to W-2. This matter was recently denied by the Planning
Commission of the County of Riverside and unless appealed
to the County Board of Supervisors, the Planning Commission's
decision will be final. Council must decide whether to
designate the equestrian center as shown in our General Plan
for this subject property or show it elsewhere further west
on other property which might be more suitable for such a
development.
Councilwoman Benson moved and Councilman Brush seconded to direct
Staff to review this matter and make recommendations to Council. The
motion carried unanimously.
XII. CONTINUING BUSINESS
None
XIII. A. Consideration of Informal Bid to do Approximately 1,550
sq. ft. of Sandblasting on City Streets.
Mr. Williams explained that the proposed sandblasting
is in preparation of the slurry sealing to occur in January
and is to remove unnecessary striping on the streets so
they will not bleed through. The work will be done on
Portola Avenue between Fairway Drive and Haystack, and
at the intersection of Portola and El Paseo, the inter-
section of Deep Canyon and Highway 111, and on Palm Desert
Drive north near San Luis Rey.
December 11, 1975
Page 8
Councilman McPherson moved and Councilman Aston seconded to
authorize the City Manager to accept and execute an informal bid not
to exceed $1,400 provided for the sandblasting of various portions of
the streets in the City of Palm Desert. The motion carried unanimously.
B. CASE NO. CUP-08-75, HAROLD BROMLEY: Request for a Com-
mercial Parking Lot in the R-3 Zoning District, Located on
the North Side of Larrea between Portola and San Luis Rey.
Mr. Williams explained that the Planning Commission had
approved the CUP to allow a parking lot on a portion of a
lot in the R-3 zone in conjunction with additional con-
struction on a new building, located on the north side of
Larrea between Portola and San Luis Rey. The use of a por-
tion of this lot as a parking facility helps with the overall
parking and circulation pattern for this area of the
Commercial district. It will also allow the landowner to
remove parking from the El Paseo side of his building,
thus improving the overall appearance of the building.
Staff's recommendation is to uphold the findings of the
Planning Commission.
MR. HAROLD BROMLEY addressed Council indicating his
concern over the requirement of undergrounding. He
stated that Southern California Edison had advised him
that he could not underground his property without also
doing adjacent property. He stated that this would be
so costly that he would be prevented from doing any of
the work he was proposing.
Councilman McPherson asked about forming an assessment
district in this area. Councilman Brush indicated that
his Planning Priorities Committee was involved in the
study and subsequent recommendation on assessment dis-
tricts. Considerable discussion followed on this subject.
Councilman Aston moved and Councilman McPherson seconded to
uphold the findings of the Planning Commission and to direct staff to
pursue an undergrounding district or some other method of undergrounding
in the block; motion carried unanimously.
C. CASE NO. CUP-06-751 EUCLID-BALL CO: Request for an Amend-
ment to Condition #6 of a Previous Approval to Allow the
Existing Onsite Real Estate Sales Sign at the Corner of
Highway 74 and Haystack to Remain for a Period Equal to
the Operation of the Tract Sales.
Mr. Williams advised that under Section 19.6 of the Palm
Desert Zoning Ordinance, an on -site real estate sales sign
in conjunction with the sale of lots within a new subdivision
is allowed for a period equal to the life of the sales office.
At this time, there are two identical signs, one at the
corner of Haystack and Portola and the other at the corner
of Haystack and Highway 74. The applicant is proposing to
remove the sign from the Portola intersection. Staff was
recommending that Council uphold the findings of the
Planning Commission.
Councilman McPherson asked about the flags that are still
out indicating that they were not allowed. Mr. Williams
advised that Staff would pursue the removal of these flags.
Councilman Aston moved and Councilman McPherson seconded to
uphold the findings of the Planning Commission; motion carried unanimously.
December 11, 1975 Page 9
D. CASE NO. CUP-03-751 LURIA DEVELOPMENT CO.t INC: Request
for a Conditional Use Permit to Allow a 100 Unit Planned
Residential Development on a 20 Acre Parcel Located on
the East Side of Portola Avenue, between El Cortez and
Avenue 44.
Mr. Williams outlined the project indicating that it would
consist of 100 condominium units of various housing types
clustered around 10 cul-de-sac streets which branched off
Catalina Way extended. An Environmental Impact Report
was prepared and circulated on this project, and subse-
quently certified as complete by the Planning Commission
on December 2, 1975. The project conformed to zoning
requirements, parking requirements, and the General Plan.
Because of the importance that landscaping will paly, the
applicant would be required to submit a complete, detailed
landscape and irrigation plan for the Planning Commission
review prior to the submittal of any tract map. The pro-
ject also included a street running the length of the
development which was to be totally dedicated to the City.
Council gave considerable discussion to the road and
because of its dedication to the City, its liability to
the City. Drainage problems were discussed that might
result from the construction of this road.
Councilman Aston moved and Councilman McPherson seconded to
uphold the findings of the Planning Commission. Councilwoman Benson
questioned whether further approval of the road would be required and
if so, she would now vote in favor of the CUP. The following votes
were cast:
AYES: Aston, Benson, McPherson, and Clark
NOES: Brush
ABSENT: None
ABSTAIN: None
XIV. OLD BUSINESS
A. Consideration of Recommendations of the City Planning
Commission and Traffic Advisory Committee Relative to the
Petition Received Regarding the Stop Signs at Tumbleweed
and Shadow Mountain Drive.
Mr. Williams stated that a peititon dated October 13, 1975
had been received requesting the City Planning Commission
to reverse the stop signs at Tumbleweed Land and Shadow
Mountain Drive or to make the intersection a 4-way stop.
Both the Planning Commission and the Traffic Advisory
Committee had reviewed this problem and found it to be
one of line -of -site rather than with the stop signs.
The problem could be resolved by contacting the property
owners of the woutheast and southwest corners of the
intersection and have them eliminate the vegetation
that creates the traffic hazard. In addition, staff
proposes to have installed for eastbound traffic, an
intersection head sign which will notify the eastbound
traffic of the pending intersection.
Councilman Aston moved and Mayor Clark seconded to confirm the
recommendations of the Planning Commission and Traffic Advisory Com-
mittee and direct the City Manager to implement procedures to resolve
the line of sight problem at the intersection; motion carried unanimously.
December 11, 1975
Page 10
B. Letter from Mr. Sidney T. Watson, Pool Contractor, Repre-
senting Mr. Harold L. Maddy, 73-517 Haystack Road, Palm
Desert, Requesting a Change in Requirements for Pool
Location Relative to Electric Utility Lines. (Held over
from November 20, 1975, meeting).
Councilman Brush moved and Councilman Aston seconded to hold
this matter over to the December 18, 1975, meeting pending a decision
on the Electrical Code. Motion carried unanimously.
XIV. ORAL COMMUNICATIONS
MR. RICHARD CLARK, Avenue 44, Palm Desert, addressed Council
indicating that he was experiencing the same problem as Mr.
Watson relative to pool location and urged Council to make
a decision. Mr. Clark was asked to contact the City Staff
so that a special request for permit could be included in
the next agenda along with Mr. Watson's.
XV. REPORTS AND REMARKS
A. City Manager
Mr. Hurlburt reminded Council to adjourn this meeting to
December 18, 1975.
B. City Attorney
Dave Erwin advised that the 18th of December was the night
of his office party and unless there was something pending
where he would be needed, he would not be in attendance at
the Council meeting of the 18th. He advised that he would
meet with City Staff the day before the meeting to go over
the agenda.
C. Mayor and City Council
Councilman McPherson asked about the fire lane at the
Market Basket and if any progress had been made. City
Attorney Dave Erwin advised that he had sent an ordinance
to the City Staff for review and use.
XVI. ADJOURNMENT
Councilman Brush moved and Councilman McPherson seconded to
adjourn the Council meeting to 7:00 p.m. on December 18, 1975. The
motion carried unanimously.
AJL A
HEB. CLAR
ATTEST:
•
IIARVEY L. HUT
City Manager
December 11, 1975
Page 11