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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