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HomeMy WebLinkAbout1975-10-23MINUTES CITY COUNCIL MEETING OCTOBER 23, 1975 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Henry B. Clark called the meeting to order at 7:00 p.m. on Thursday, October 23, 1975, in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Aston Councilwoman Benson Councilman Brush Mayor Clark Others Present: Absent: Councilman McPherson Harvey L. Hurlburt, City Manager Paul Williams, Director of Environmental Services Dave Erwin, City Attorney V. APPROVAL OF MINUTES Councilwoman Benson moved and Councilman Aston seconded to approve the minutes of the October 9, 1975, meeting as presented; carried unanimously. VI. AWARDS, PRESENTATIONS AND APPOINTMENTS A. Mayor Clark indicated that the appointment of replace- ment members and additional members to the Core Area Redevelopment Finance Committee should be held over to the November 13th meeting when its chairman, Jim McPherson, would be present. There were no objections. B. RESOLUTION OF COMMENDATION OF THE CITY COUNCIL FOR JAMES O. HARMAN. Mr. Hurlburt advised that the new resolution forms were nearly ready and suggested that this item be held over for the November 13, 1975, meeting so the new forms could be used. There were no objections. VII. CONSENT CALENDAR Councilman Brush moved that Items B and C be removed to "Consent Items Held Over" later in the agenda and Council- woman Benson moved that Item D also be held over for this portion of the agenda. Councilman Aston seconded both motions; carried unanimously. Councilman Aston moved and Councilman Brush seconded the approval of the matter of a Solar Energy Committee suggested in a letter from the Palm Desert Citizens Action Committee to be received and taken under study; carried unanimously. Page 1 October 23, 1975 Councilman Aston moved and Councilwoman Benson seconded to waive further reading and adopt Resolution No. 75-110, approving annual report on Inter -Governmental Relations on Planning Activities and authorizing Staff to forward it to the State of California; carried unanimously. VII. PUBLIC HEARING A. CASE: ENVIRONMENTAL IMPACT REPORT on Various General Plan Amendments, New Zoning Ordinance, Zoning Map, Subdivision Ordinance and Grading Ordinance. Mayor Clark outlined the procedures involved in a Public Hearing and declared the hearing open. Paul Williams reported that the E.I.R. report con- formed to all State and City standards and that it had been distributed to 83 various agencies and interested parties with response from only 3. Those 3 responses offered no negative response and thus required no further staff input. Mayor Clark invited input from the audience. There was none and he declared the public hearing closed. Councilman Aston moved and Councilman Brush seconded to certify that the E.I.R. is complete by adoption of Resolution No. 75-105; carried unanimously. B. CASE: GPA 01-75 - Consideration of the Various Amendments to the General Plan. Mayor Clark declared the public hearing open. Mr. Williams outlined the various proposed changes to the General Plan indicating that many of them had been brought to Council back in May and had been referred to the Planning Commission. These amendments include citi- zen input as a result of public hearings held by the Planning Commission. Mr. Williams further elaborated on the various sections which would be affected. The Mayor called for response from the audience. MR. BEN BARNUM, 74-105 Setting Sun Trail, Palm Desert, addressed Council indicating that although he had no property in Section #3, he was curious as to what would happen to those property owners after the area was made low density residential. Being surrounded by motels, it would not be exactly feasible to build residences. Mr. Williams explained that the rezoning of this area would create an average of 3 to 5 units per acre. Thus it would not prohibit an individual from building a motel. MRS. MARJORIE EAGAN, 73-465 Cliff Fire Drive, Palm Desert, addressed Council expressing concern about the reduction of allowable density in Section #3. MR. GEORGE McINTYRE, 72-722 Hedgehog Drive, Palm Desert, addressed Council with concern about Section #2, the section involving the corner of Highway 111 and Avenue 44. He indicated that there were many families living on the north side of Highway 111 who do not like crossing 111 for shopping centers. He further indi- cated that traffic congestion would be greatly relieved by virtue of a shopping center at this corner. Page 2 October 23, 1975 MRS. NAN WORTH, 44-809 Portola, Palm Desert, presented two letters, one from Mr. Jack Moorhead, 44555 San Pasqual, and the other from Mr. Ed Shea, 72-820 Mimosa Drive, Palm Desert, in which both parties expressed strong support of the proposed shopping center at Highway 111 and Avenue 44 and opposition to the proposed rezoning and General Plan amendment. MRS. VAL LITCHFIELD, 43-155 Portola, Palm Desert, President of Concerned Citizens, presented a letter from her organization stating support of the proposed shopping center and opposition to the General Plan amendment relative to this section. She stressed the facts that it will provide a complete shopping area for the residents of the north side, will provide needed services and immediate income for the City as well as for residents who might benefit by employment, and reduced traffic congestion. MR. ROBERT RICCIARDI, 73-000 Highway 111, Palm Desert, showed Council renderings of the proposed shopping center and further supported the need for such a center in that the residents of the north side of Palm Desert would greatly benefit. He also stated that the City would benefit in that residents of surrounding areas would utilize this center too. Traffic congestion would be relieved. He stated that it would not be in competition with the businesses in downtown Palm Desert inasmuch as it would not contain any specialty shops. He also stated that by making this section Planned Commercial Resort, the shape of the area would allow less favorable types of motels, etc. than what he felt Palm Desert would desire. MR. RALPH DeMARCO, 23-022 Jabico Drive, Laguna, Calif., indicated that he was the proposed developer. He stressed the feasibility of this property in that it would serve an area not presently served. His firm has done a marketing analysis on this area and found that a center of this type could produce taxes in excess of $54,000. MR. HANK STOKES, 73-734 Buckboard Trail, addressed Council expressing opposition to the center. He felt that by allowing it would be creating "sprawl. This area is "prime" and deserves great consideration. DR. MELVIN KAHN, M.D., owner of the property, further emphasized the fact that the area would attract low quality motel development because of the unusual shape. He stated that the project proposed would be highly consistent with the neighborhood concept described in the E.I.R. Also, it would blend with the Resort Commercial project for the adjacent area. Mayor Clark pointed out that the two areas of concern were Area #3 and Area #2. As Mr. Williams had indicated, Area #3 and the changes involved would not disallow the construction of motels, just monitor it through averaging out the density in the whole area. Councilwoman Benson pointed out that if Area #2 was changed to Planned Commercial Resort, other building than motels would be allowed such as restaurants, etc. Councilman Brush indicated that there had been good arguments heard for the proposed shopping center and further review and consideration should be given. Mayor Clark declared the public hearing closed except for the area designated #2 on the map. Page 3 October 23, 1975 Councilman Aston moved and Councilwoman Benson seconded that the proposed amendments to the General Plan be adopted by Resolution No. 75-105 with the specific exclusion of only that area designated #2 as shown on the map; carried unanimously. C. CASE NO: TT 5075, M. B. JOHNSON (Applicant) - Request for a 12-Month Extension of a 43-Acre Tentative Tract Located on the Southeast Corner of Deep Canyon and Avenue 44. Mayor Clark declared the public hearing open. Mr. Williams stated that this property is located on the southeast corner of Deep Canyon and Avenue 44, presently a date grove. The Planning Commission had found that the project did not conform to the adopted Palm Desert General Plan or the adopted or proposed Zoning Ordinance. Circumstances have changed since the project was originally approved as a tentative tract map and a more appropriate development plan is now in order. The Mayor invited input from the audience. There being none, he declared the public hearing closed. Councilwoman Benson moved and Councilman Aston seconded to uphold the findings of the Planning Commission and deny the request by Resolution No. 75-109; carried unanimously. D. CASE NO: 26MF1 CASITAS INVESTMENT FUND (Applicant) - Appeal of the Requirement for Undergrounding and Curb and Gutter. Mayor Clark declared the public hearing open. Mr. Williams stated that this was a request that the City Council rescind conditions #6 and #9 required by the Design Review Board for the approval of a six -unit apartment project at the northwest corner of Candlewood Street and Panorama Drive. This appeal is of Council Policies requiring curb and gutter and cash deposit for undergrounding of the existing line on the rear of the property. Staff had found no unusual physical conditions justifying the request. The requirement for installation of curb and gutter on Candlewood Street is in conformance to the existing Council policy on this matter. Also, the requirement for a cash deposit for undergrounding of existing facilities has been applied consistently to similar projects. MR. BEN BARNUM, 74-105 Setting Sun Trail, addressed Council as the General Contractor of the project. He outlined the various approvals his projects had gone through indicating that it had been denied and approved on several different occasions. He further stated that he had received no notification from City Hall as to the fact that this hearing was scheduled and wondered why it was so "hush, hush". Mr. Hurlburt stated that the City did not have a policy to notify applicants when their projects were scheduled on the agenda inasmuch as most parties are interested enough to follow up and check with City Hall. He further stated that the agendas and back up material are made public at an early date by virtue of distribution to the news media at the same time as they are given to the members of the City Council. He pointed out that this is part of the austerity program Page 4 October 23, 1975 to keep down staff workload and the number of staff employees. He also pointed out that Mr. Barnum has had a considerable amount of experience with City procedures and is well aware of the agenda procedure. The staff report was available to him on request. Mayor Clark declared the public hearing closed. Mr. Hurlburt stated that this case had been appealed twice; the second time was not an appeal as such but a request for a variance based on the new ordinance, and it was approved on this basis. Staff went to considerable trouble in helping Mr. Barnum make changes to get this approval. The City employees have extended themselves considerably in an effort to assist Mr. Barnum. After considerable discussion, Mayor Clark moved to reopen the public hearing and continue it until the November 13, 1975, Council meeting in an effort to obtain additional information on the matter. Councilman Brush seconded the motion; carried unanimously. E. ORDINANCE NO. 91 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING SPEED ZONES OF 40 MPH ON BOTH HAYSTACK AND DEEP CANYON BETWEEN AVENUE 44 AND HIGHWAY 111. Mayor Clark declared the public hearing open. Mr. Williams stated that the newly proposed speed zones resulted from a study requested by Council at its meet- ing of April 10, 1975. In conjunction with the opinion of the Traffic Advisory Committee, Staff felt that these two areas were frequently traveled by children of school age and thus warranted a lower speed zone. He further pointed out that this was presented as an "emergency" ordinance which could be passed with one reading. Mayor Clark requested input from the audience and with none presented, he declared the public hearing closed. Councilman Brush moved and Councilwoman Benson seconded the adoption of Ordinance No. 91 as an Emergency Ordinance; carried unani- mously. F. RESOLUTION NO. 75-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING ASSESSMENTS ON PROPERTY OWNERS IN SAID CITY, FOR THE ABATEMENT OF NUISANCES ON VACANT LOTS. Mayor Clark declared the public hearing open. Mr. Hurlburt reported that this was a routine hearing. He pointed out that since the preparation of the agenda, the property owners of Items #6, #7, and #8 had paid and thus should be removed from "Exhibit A". Mr. Frank Allen, Code Enforcement Officer, advised Council that approximately 276 lots have been posted since the beginning of the program; 203 have been abated by the respective property owners. Fifteen lots have had tax liens placed on them totaling approximately $2,900. Councilwoman Benson indicated appreciation on behalf of the City Council for a job well done by the Code Enforcement Division. MR. ED RITE, 71-471 Helgar, Rancho Mirage, addressed Council representing Southwestern Enterprises and stating their unhappiness with the cost assessed in cleaning their property. It involved a 65-acre parcel which they did not feel required enough clean-up to cost $1,075.62. He requested that a member of the City Page 5 October 23, 1975 Council inspect the property and give their opinion. Mayor Clark appointed Councilman Aston to accompany Mr. Rite and Mr. Frank Allen to the property and offer his opinion at the November 13, 1975, meeting. Mayor Clark requested any further input from the audience. There being none, he declared the public hearing closed with the exception of Item #1 of Exhibit A of Resolution No. 75-102. Councilman Aston moved that Resolution No. 75-192 be adopted excluding Items #6, #7, and #8 which have been paid and Item #1 which will be held over to the November 13, 1975, meeting pending a report from Councilman Aston. Councilman Brush seconded the motion; carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 75-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING THE CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Mr. Hurlburt briefly outlined the major expenditures listed in Demand No. 10-1 totaling $124,539.75. He pointed out that $100,000 was for the purchase of a Certificate of Deposit and was not an expenditure. Councilman Aston moved and Councilwoman Benson seconded to waive further reading and adopt Resolution No. 75-103; carried unani- mously. B. RESOLUTION NO. 75-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING RESOLUTION NO. 74-27 CHANGING TIME AND PLACE FOR REGULAR MEETINGS OF THE PLANNING COMMISSION Mr. Williams advised that the Planning Commission had originally been scheduled for Monday nights due to the availability of the school meeting room. Now with our own facilities available to accommodate this meeting, it had been determined that it would be more convenient to hold this meeting on Tuesday nights, nine days prior to the City Council meeting. Councilman Brush moved and Councilman Aston seconded to waive further reading and adopt Resolution No. 75-107; carried unani- mously. C. RESOLUTION NO. 75-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO THE COUNTY OF RIVERSIDE IN SUPPORT OF DESIGNATING "HIGHWAY 111" AS "PALM CANYON DRIVE". Mr. Hurlburt stated that a letter had been received from the Palm Desert Chamber of Commerce requesting that the name change be considered. He indicated that only one criticism had been received, that being the fact that the name is too closely associated with Palm Springs. MR. BILL HOBBS addressed Council stating that he operated a business on Highway 111 for which he had just purchased new stationary, new invoices, envelopes, etc. He expressed concern for himself and all other merchants who would be affected in changing their printed forms -- a very costly project. Mr. Hurlburt pointed out that it would take 1 to 2 years to accomplish a name change and that the State would always recognize it as Highway 111. Page 6 October 23, 1975 After considerable discussion, Councilman Brush moved and Councilman Aston seconded to table Resolution No. 75-108 in support of designating "Highway 111" and "Palm Canyon Drive"; carried unani- mously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 90 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL. Mr. Hurlburt pointed out that this ordinance was intro- duced to place realistic and enforceable limits on the amount individuals may contribute to political campaigns in municipal elections as well as limit the amount which a candidate can expend on his campaign. This prevented the exercising by campaign contributors of potential undue or improper influence over elected officials and insured against a candidate being elected to office based on the amount he expended on his campaign. It limited campaign contributions to $100 per person and campaign expenditures to $.30 per registered voter. It further required the filing of campagin statements with the City Clerk specifying times, contents, viola- tions, etc. Councilman Brush indicated that the ordinance should be changed to read $.35 per registered voter. Mr. Hurlburt said that this was feasible and that similar ordinances ranged anywhere from $.25 to $.50 per voter. Councilwoman Benson moved to waive further reading of Ordinance No. 90 and pass to second reading with the inclusion of an amendment to Section 2, C, to $.35 per registered voter. Councilman Brush seconded the motion; carried unanimously. B. ORDINANCE NO. 92 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING POLITICAL SIGNS. Mr. Hurlburt outlined the specifics of the ordinance including the posting of a $100 cash bond to guarantee removal of the political signs, the size of signs, their location, the requirement of a map or sketch of the proposed sign with the Director of Environmental Services, and the prohibiting of signs on moving vehicles. Councilman Brush inquired as to whether or not bumper stickers could be excluded from the portion restricting signs on moving vehicles and Mr. Erwin advised that it could be. Councilman Brush also asked that the maximum 30 days prior to an election for the posting of signs be changed to 45 days, thus allowing newer candidates to receive proper exposure. Councilwoman Benson moved that further reading be waived and Ordinance No. 92 be passed to second reading with the inclusion of amendments to Section 6 changing 30 days to 45 days and to Section 10 to read "No signs shall be permitted on trucks, automobiles, trailers, or any other movable vehicles except for bumper stickers or other equivalent stickers not exceeding five inches by twenty inches (5"x20") in size". Councilman Aston seconded the motion; carried unanimously. For Adoption: A. ORDINANCE NO. 86 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 39, RELATING TO DOGS. Page 7 October 23, 1975 Mr. Hurlburt pointed out that this ordinance now included changes omitting the $1 fee for senior citi- zens, a fee of $2 for replacement of a lost tag, impounding fees, fines for failure to obtain a license, requirements and licensing for operating of a dog kennel, etc. The ordinance also includes previous provisions for a $4 fee for spayed or neutered animal and an $8 fee for others. Councilwoman Benson moved and Councilman Aston seconded to approve Ordinance No. 86 as amended, waive further reading and pass to second reading; carried unanimously. Mr. Hurlburt pointed out at this time that information had been received on the private animal control organi- zation that Council had asked about. They were in legal and financial trouble and probably in the process of going out of business. B. ORDINANCE NO. 89 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 1 AND 2 OF ORDINANCE NO. 70, PROHIBITING SMOKING AND CARRYING OF LIGHTED OBJECTS IN THE CITY HALL COUNCIL CHAMBERS AND THE CITY HALL CONFERENCE ROOM. Mr. Hurlburt explained that this was the second reading of the ordinance and unless there were questions, he had no further report. Councilwoman Benson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 89. The following votes were cast: Ayes: Benson Brush, Clark Noes: Aston Absent: McPherson XI. CONSENT ITEMS HELD OVER B. Letter from James H. Smith Relative to Beautification of El Paseo and City Manager's Reply. Councilman Brush stated that he had suggested holding this over to emphasize what the City Manager had said. He also asked if this could be placed as an article in the next newsletter. Mr. Hurlburt advised that it could be and that the newsletter would be an item on the next Study Session agenda. Councilman Brush moved to receive the letter from Mr. James H. Smith and file. Councilman Aston seconded the motion; carried unanimously. C. Letter from Palm Desert Junior Women's Club requesting permission to sponsor a project to paint fireplugs in Palm Desert in connection with the Bicentennial Year. Councilman Brush suggested that staff get some further information as backup. Councilman Aston reported that the Bicentennial Committee had not as yet met. However, he indicated that there might be somewhat of a problem involved with this painting project in that the City is just completing a project of its own wherein all fire- plubs will be colorcoded for pressure. Councilman Brush moved and Councilwoman Benson seconded to receive the letter from the Palm Desert Junior Women's Club and refer it to Councilman Aston for review at the next Chamber of Commerce meeting; carried unanimously. Page 8 October 23, 1975 D. Request from Mayor of Los Altos Hills to Adopt a Resolu- tion Urging the State Legislature to Provide for Equa- lization in the Distribution of the Costs of Support Services Provided Community and State Colleges. Councilwoman Benson expressed the opinion that just because one mayor requests support does not indicate that we should support a resolution of this type. Mr. Hurlburt reported that in checking with our local College of the Desert, they felt that even though the host community does provide public services that are not shared by the other communities whose students benefit from the existence of the college, they are afraid that if Legislature provides for the reimbursement of direct services and for the loss of taxable valuation, it would be taken from the College's budget. Councilwoman Benson moved and Councilman Brush seconded to table further action on this proposal; carried unanimously. XII. CONTINUING BUSINESS None XIII. NEW BUSINESS A. Call for Bids on the Construction of the Proposed Sidewalk on Portola Avenue from Rutledge Way to Highway 111. Mr. Hurlburt indicated that we are trying to build a sidewalk from Highway 111 to Rutledge Way mainly for the safety of the children traveling this route to school. All engineering is complete with the only remaining problem being with the restaurant frontage on Portola. However, a meeting has been scheduled with the owner for early next week and hopefully a solution can be reached. The sidewalk construction involving the restaurant is all on a time and material basis. Councilman Brush moved and Councilwoman Benson seconded to authorize the City Manager to call for bids on November 17, 1975, at 4:00 p.m. in the City Hall Conference Room; carried unanimously. B. Consideration of Request from the Superintendent of Streets for Authorization to Notify Certain Property Owners along El Paseo that Sidewalks Shall be Required on Certain Blocks. Mr. Hurlburt reported that the City has received two letters requesting action be taken on this matter. We have the ability to go into an area where 50% of the sidewalks are complete and make the rest of the property owners install theirs. If Council takes action, the Superintendent of Streets will sign cards which will be sent out and after 60 days, during which time the pro- perty owner may install it himself, the City can install them. Should this latter occur, the property owner will be responsible for reimbursement to the City or the City can place a tax lien against his property. He further stated that if the City did have to wait the 60 days, the sidewalks could probably be completed in 100 days. Another possibility would be if 100% of the people involved requested that we move ahead with the pro- ject, the waiting period would be waived and we could move ahead now. Page 9 October 23, 1975 Councilman Brush moved and Councilwoman Benson seconded that pursuant to Section 5876 of the Streets & Highways Chapter of the California Government Code, by Resolution No. 75-104, instruct the Superintendent to notify property owners of blocks with 50% of the sidewalks installed that all remaining sidewalks shall be installed; carried unanimously. XIV. OLD BUSINESS A. Opening of Bids on Construction of a Portion of Magnesia Falls Drive. Mr. Hurlburt reported that bids had been received from J. D. Stein in the amount of $32,180 and Massey Sand & Rock in the amount of $24,220. The low bid is still approximately $4,000 higher than the estimate of $19,300 received from the County. The difference is the funds will have to come from other items budgeted for the Park. Councilman Brush moved that the Mayor be authorized to sign the contract with Massey Sand and Rock in the amount of $24,220 and that the City Manager be authorized to go to the Park Foundation and request that they review those projects which might be reduced in order to make up the difference of $4,000. Councilman Aston seconded the motion; carried unanimously. XV. ORAL COMMUNICATIONS A. MR. RONALD J. MARKS, President of El Paseo Charm Auction Gallery, 73-550 El Paseo, addressed Council regarding the spotlight he is using for business promotions purposes. He stated that if Council chose to disallow this use, he would be forced to close down as no one would be able to find him. Councilwoman Benson expressed opposition to the allowing of any spotlights and indicated that she and other Council members had received numerous complaints, as had City Hall, from the residents of Palm Desert. Mr. Hurlburt explained that the owner of the spotlight did have a business license. However, the area in which the light is being used is a parking lot and is not approved for such a use. In order for Mr. Marks to obtain approval for this usage, he must apply to the Design Review Board. In the meantime, he should not be operating the light without the approval of the D.R.B. and will run the risk of a citation if he does. No further action was taken. XVI. REPORTS AND REMARKS A. City Manager Mr. Hurlburt indicated that Ordinance No. 88 had been inadvertently omitted for second reading on the agenda. This ordinance deals with the establishment of standards for the construction of trash enclosures. Since it had been reviewed in detail during first reading, no further discussion was offered. Councilman Aston moved and Councilwoman Benson seconded the adoption of Ordinance No. 88; carried unanimously. Mr. Hurlburt advised that there was a conflict involving the regular November 27, 1975, meeting in that it was Thanksgiving this year. Council agreed to hold this meeting on November 20, 1975, at 7:00 p.m. Page 10 October 23, 1975 B. City Attorney None C. Mayor and Members of the Council Councilman Brush inquired as to when the restriping of the streets would be accomplished. He indicated that he had inquired about this several times and was disappointed that it had not been done. Mr. Williams reported that the County was meeting with the Staff the following day to determine just exactly how much work would be required and when it could be started. Councilman Brush asked whether the City could do anything about the sidewalks on the easterly side of San Pablo. They slope to a great degree and are dangerous. The contractor chose to put in steps rather than correct the slope and this is dangerous. Dave Erwin indicated that we should notify the property owner at 44-830 San Pablo of this condition. Inasmuch as a good portion of the sidewalk is on a public right of way, the City will be able to enforce action to correct the problem. XVII. ADJOURNMENT Councilman Aston moved and Councilwoman Benson seconded to adjourn the meeting; carried unanimously. Mayor Clark declared the meeting adjourned at 11:45 p.m. ATTEST: AEY HUR 'i•T, City Clerk City of Palm Desert, California Page 11 HEN Y B. C :MAYOR October 23, 1975