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HomeMy WebLinkAbout1975-06-12MINUTES CITY COUNCIL MEETING JUNE 12, 1975 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:05 P.M., on June 12, 1975, by Mayor Henry B. Clark at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM t1cPHERSON; Mayor HENRY B. CLARK Others Present: Harvey L. Ilurlburt, City Manager Dave Erwin, City Attorney Paul Williams, Director of Environmental Services V. APPROVAL OF MINUTES A. Minutes of the City Council meeting of May 22, 1975 Councilman Aston moved and Councilman Brush seconded that the minutes of the City Council meeting of May 22, 1975, be approved as submitted; carried unanimously. B. Minutes of the City Council meeting of May 27, 1975 Councilman Aston moved and Councilman Brush seconded that the minutes of the City Council meeting of May 27, 1975, be approved with the correction that the motion that the 300 word statement for inclusion with the sample ballots for the General Plan Referendum Election be approved and signed by the entire City Council was seconded by Councilman McPherson; carried unanimously. VI. AWARDS, PRESENTATIONS AND APPOINTMENTS A. Resolution of the City Council of the City of Palm Desert in Appreciation of the Services of MARY E. PAINTER, Executive Secretary/Deputy City Clerk, November 1973 - April 1975 Action: Continued to the meeting of May 26, when Mary E. Painter will be present B. Appointment to Design Review Board Mayor Clark moved and Councilman McPherson seconded that C. L. ROBINSON be appointed to the Design Review Board; carried unanimously. VII. CONSENT CALENDAR A. Notice of filing of application and public hearing. In the matter of Advice Letter #916 of SOUTHERN CALIFORNIA GAS COMPANY to increase revenues to off- set higher gas costs resulting from increases in the price of natural gas purchased from El Paso Natural Gas Company and California producers Action: Receive and file -1- B. Case No. CUP-02-75 LEAVITT AND SKOURAS: Consider- ation of a conditional use permit to allow the con- struction of a 5-unit planned residential develop- ment on a 1-acre site located on the west side of Burroweed Lane, north of Ryway Place (R-2-8000) Councilman Aston moved and Councilman Brush seconded that this item be moved to X on the Agenda, Consent Items Held Over; carried unanimously. C. Case No. CUP-1395 KING'S POINT OF PALM DESERT: Con- sideration of a request to amend the existing CUP for this planned residential development by deleting 6 dwelling units and adding 4 unlighted tennis courts. Project is located on the west side of Hwy. 74, east of Willow Street (R-2-6000) Action: Uphold the findings of the Planning Commission D. Case No. VARIANCE-02-75 INDIAN CREEK VILLAS, INC: Consideration of a variance to permit the construction of an identification sign in the public right-of-way and located in the south portion of the median strip bounded on the west by the frontage road and on the east by State Highway 74 (R-2) Councilman Aston moved and Councilman Brush seconded that this item be moved to X on the Agenda, Consent Items Held Over; carried unanimously. E. Communication from CV -TV regarding OPPOSITION TO PETITION for stay in the matter of KMIR-TV and KPLM-TV, Palm Springs, California; and Communication from COACHELLA VALLEY TELEVISION explain- ing the reason that the cable television systems are attempting to eliminate a black -out procedure pre- viously employed Action: Receive and file Councilman Aston moved and Councilman McPherson seconded that Consent Items A, C, and E be approved as presented; carried unanimously. VIII. PUBLIC HEARING A. Application of the PALM DESERT CAB COMPANY and the CARAVAN CAB COMPANY for a permit to operate a taxi cab business Mayor Clark opened the public hearing and asked Mr. Hurlburt for background information. Mr. Hurlburt advised Council that in December, 1974, Council Ordinance 58 established franchise procedures, and that there were two firms interested in a fran- chise agreement with the City. As of this meeting, everything required for complete application had been received and cleared by staff and the Sheriff's Depart- ment, and that there was nothing to prevent Council from making a decision at this meeting. It is the feeling of staff that both companies are very close in terms of equipment and rate, and that Palm Desert Cab has an advantage as their location is closer in proximity to Palm Desert; however, Caravan Cab has been operating in the area for many years. Staff recommendation is Option B, to award permits to both applicants for a one year trial period, and direct the City Attorney to prepare a resolution for presentation at the next Council meeting of June 26. -2- EDDIE ANDERHOLT, PRESIDENT, PALM DESERT CAB COMPANY, WEST VELDT, RANCHO MIRAGE, spoke regarding the economics of the system. He came into ownership because the previous owners had failed to break even. In his opinion, the area cannot support two cab companies at present. During the winter months two or three vehicles are feasible, but in the summer business falls off. They have been trying to serve the area in the manner best suited to the needs of the public, and will pick up in any area except for Palm Springs, 24 hours a day, 7 days a week. He is of the opinion that basically they can do the best job as they are local and both of their drivers live in Palm Desert, Councilwoman Benson asked Mr. Anderholt where his cabs were stationed, and he advised that they were at his home, which is in close proximity to the center of Palm Desert. Mayor Clark asked if they had a franchise with Rancho Mirage, and Mr. Anderholt replied they did not. The Mayor then asked if they were competing with the same competition, and Mr. Anderholt advised that this sit- uation was the same as that in Palm Desert. Councilman Aston asked if a franchise would limit Palm Desert Cab in delivering people to other areas. Mr. Anderholt advised that they can deliver anywhere in the State, but cannot pick up in cities that do have exclusive franchises, which in this area are Palm Springs and Indio. JAMES R. CARNES, PALM SPRINGS ATTORNEY, representing CARAVAN CAB COMPANY and BURTON FIORE, owner, advised Council that Caravan Cab had been servicing the Palm Desert area for 13 years, and that they should have the opportunity to serve the community individually. He also advised that the City did not need more than two cabs during the summer months. In addition, Caravan Cab has two-way radio equipment, which the com- petition does not have at present. Also, both cab companies had the same dispatcher service until June 1, when Palm Desert Cab discontinued that service for economic reasons. He stated that his client felt that both cab companies should be able to serve the area until such time as uniform law could be applied. Mr. Carnes also requested that Council take a look at the franchise ordinance at some future date to determine that it might be too strict at present. MR. ANDERHOLT advised Council that they were in the process of applying to the City for a radio equipment license and that they changed dispatchers for better service. Mr. Hurlburt advised Council that the franchise gives control over equipment operation, operators and rates, and that it also gives the City the opportunity to restrict franchise to one operator, if desired. It also prevents other companies from coming into the City and making pickups. He recommended that any approval require that all vehicles be air conditioned, have two-way radio and be metered. The insurance is handled by the City Attorney. He also advised Council that at the next Council meeting, the resolution would be changed to include rate structure, and that Council could consider uniform rates for both companies involved. Councilwoman Benson moved and Councilman McPherson seconded that the City award permits to both applicants for a one year trial period and that the City Attorney be directed to draw up a resolution outlining specifics of the franchise and to include two-way radio equipment; carried unanimously. -3- B. Case No. TRACT 5357 (Time Extension) HOME BUSINESS DEVELOPMENT CORPORATION; request for a one-year extension of the period of approval previously granted to Tract 5357, which involves the conversion of Whispering Sands Apartment complex to condominiums, located southwest of the intersection of Deep Canyon and Abronia Trail Paul Williams advised Council that the applicant is requesting a one year extension for the approval pre- viously granted on Tract 5357, and that the map will expire in February, 1976. This is a condominium development. The Planning Commission by Resolution No. 51, recommends that Council grant the extension subject to the condition that any revisions be for- warded to the Design Review Board for approval. Councilman McPherson moved and Councilman Brush seconded that by RESOLUTION NO. 75-43 approval of a one-year exten- sion be granted for the applicant to file the final map to allow for the development of a statutory condominium on property generally located south of Abronia Trail and west of Deep Canyon Road; carried unanimously. C. Case No. CUP-03-75 LURIA DEVELOPMENT COMPANY: Consid- eration of an appeal filed by applicant to rescind the requirement of an EIR for a 100-unit planned residen- tial development on a 20-acre site located east of Portola, north of El Cortez, and approximately 400' south of Goleta Avenue (R-1) Paul Williams advised Council that the application was filed the first Monday in April and staff found that it appealed the decision of EIR Resolution 75-14. Staff finds that the applicant has addressed all issues submitted by staff regarding date grove preservation, traffic circulation, schools and recreation impact, energy consumption, and effect on plant and animal habitats. Councilman Brush asked Mr. Williams if any inadequacies were found, and Mr. Williams advised that if this were an EIR, staff would request addi- tional information on the areas of traffic circulation and preservation of the date grove. By letter, the water district serving the area advised the City that supply was adequate. Councilwoman Benson asked if an EIR would provide more specific information and Mr. Williams advised .that it would. Mayor Clark advised that after reading the report summary he was of the opinion that the project would have a definite effect on the traffic, demands for water, and school system, and that he would like the applicant to tell him why they do not feel it will have an impact on the environment. FRED RICE, DEVELOPER, 73-350 EL PASEO, advised Council that it was the applicant's feeling that there is no substantial impact by this development as it is more definite than other developments that have gone on. The project will be built at the rate of 20 units at a time, and then added to as there is a demand for additional units. He also advised that there is noth- ing different about this subdivision than any other in Palm Desert. DUNCAN REYNOLDS, 74-070 GOLETA, expressed concern that the project will create problems for children, traffic -wise, who ride their bicycles on Portola, and asked that Council consider the possibility of a bike- way or sidewalks in the area. He also stated that the water situation on Goleta in the warm weather would not be adequate for the project, and would present problems in regards to the fluctuation of water pressure. -4- FRED RICE advised that the traffic flow is trivial, as Portola will be widened. Councilman Brush questioned the City Attorney as to the legal case cited in the letter from the Concerned Citizens. Dave Erwin advised that the case cited by the Concerned Citizens does not require that Council make a decision one way or another. Mayor Clark asked Paul Williams if the staff had definite information that the Community Services District was able to handle the additional water capa- city. Mr. Williams advised that staff did have this information. Councilwoman Benson stated that she did not feel that the traffic questions had been adequately answered. Mayor Clark closed the public hearing. Councilwoman Benson moved and Councilman Brush seconded that the Council approve the finding of positive declara- tion and adopt RESOLUTION NO. 75-37; carried unanimously. Mr. Hurlburt gave a staff report on the COMMUNITY PARK. He advised that the City had entered into the 25 year lease with the 25 year extension with the Desert Sands Unified School District. He also advised that the City needs to become involved in maintenance of the park. The Park Foundation will continue with the development of the park and will continue giving direction to the completion of the park. The Coachella Valley Recreation District will maintain the park until January 1976, and assume financial responsibility. Mr. Hurlburt requested Council permission to include an additional $200 per month for Park maintenance in the City budget now being prepared. There is an immediate need for fertilizer and seed and the Little Grass Shack Nursery will pro- vide these items at half price. Mr. Hurlburt requested approval of the transfer of $1,525 from the Unappro- priated Contingency Reserve for fertilizer and seed for park use to maintain and recondition. In addition, Mr. Hurlburt advised that the Tamarisk trees immediately to the north of the park are unsightly and need trimming, and many loads of accumulated rubbish need to be removed. Dick Webb Brush Disposal has given the City an estimate of $2,838 to abate this area, and Mr. Hurlburt requested this additional trans- fer from the Unappropriated Contingency Reserve to pay Mr. Webb. Councilwoman Benson asked if the balance of the UCR was carried over to the next fiscal year. Mr. Hurlburt advised that whatever was left over would go back into general funding and would be rebudgeted next year. Mr. Hurlburt also advised that most park construction under the state bond issue would be completed by October or November, 1975. Councilman Brush moved and Councilman McPherson seconded that Council approve an additional $200 per month for the 1975-76 budget period, and that the City Manager be authorized an immediate $1,520 for seed and fertilizer, and that Dick Webb Brush Disposal be authorized to go ahead with the cleanup project in the amount of $2,838 to be transfered from the Unappropriated Contin- gency Reserve; carried unanimously. Councilman Brush addressed himself to the audience and stated that he hoped the community realized there would have been no way the City could have had a park with less expense to the City than there had been at this time. -5- COUNCIL ADJOURNED at 8:25 P.M. for a ten minute break. COUNCIL RECONVENED at 8:35 P.M. D. Mayor Clark called the JOINT MEETING of the PALM DESERT REDEVELOPMENT AGENCY with the CITY COUNCIL on the EIR and the proposed Redevelopment Plan for PROJECT AREA NO. 1 to order, and opened the Public Hearing Members Present: ASTON; BENSON; BRUSH; McPHERSON; Chairman CLARK Others Present: Harvey L. Hurlburt Dave Erwin Paul Williams Mayor Clark advised that the hearing was a culmination of many months of study by staff consultants. The Agency originated when Council requested that study be undertaken of the commercial area of the City and asked that staff/consultants come up with a precise area where the City had problems, such as inadequate parking and frontage road problems. In August, 1974, Council created the Redevelopment Agency. Since that time the project area was selected and the redevelop- ment area was prepared. A 20 member Project Area Committee headed by George Minturn, solicited input from concerned people within the area. The Committee has since spent many hours going over the Plan, which Mayor Clark stated is a good one that will help create a healthy commercial area and will improve on what we have to make the project a good one for many years to come. The Mayor also stated that parking is one of the major reasons for establishing the Redevelopment Area. Mr. Hurlburt gave an indepth summary of the Redevelop- ment Plan, which highlighted flooding problems due to an inadequate drainage system; mixture of commercial and residential uses along Alessandro which are not propertly buffered from one another; an inadequate supply of parking facilities; congestion and accidents resulting from the existing traffic pattern on Highway 111 frontage road. Mr. Hurlburt stated that these are the reasons for utilizing redevelopment. He also indicated that utilization of the Redevelopment Program in the City of Palm Desert was to obtain financing for the resolution of these problems. Paul Williams went into detail and discussed the res- ponses received on the EIR and the responses received on the Redevelopment Plan, after solicitation of comment by staff, as follows: The Environmental Services Department advised that archaeological research has indicated that the edges of the Valley have a relatively high archaeologic sensitivity and that the Project Area may contain some unknown archaeologic evidence which may be encountered during development within the Project Area. In response to the justification request from the CITY OF INDIAN WELLS regarding not designating the extreme eastern portion of the Project Area for Planned Commercial/Resort development, staff advised that the proposed land use mixture within the Project Area was based upon extensive economic analysis of the area, and that it is believed that economic demands do not warrant additional commercial resort development at the eastern extreme of the Project Area. CITY OF RIVERSIDE MUNICIPAL MUSEUM requested identific- ation of the person and/or organization which conducted the archaeologic study. Staff advised that the -6- 1 Archaeological Research Unit, Dry Lands Research Institute of the University of California, Riverside, conducted the search of the Palm Desert area. The report is on file with the City. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - COLORADO RIVER BASIN REGION advised staff that copies of facilities planning for storm drains should be submitted to the California Regional Water Control Board for review in order to avoid the possibility of water pollution. The COACHELLA VALLEY COUNTY WATER DISTRICT advised the following improvements to the Water District system should be coordinated with further development of the Project Area: provide increased fire flow capabilities on either side of Hwy 111; install regional sewers in streets north of Hwy 111 to tie into existing sewer lines along Ave 44; any proposals to install storm drains should be reviewed within the context of the August 1966 report on drainage for the Palm Desert area. SOUTHERN CALIFORNIA EDISON CO. suggested that the following generation factors would be more reflective of existing local consumption rates: Residential - 28 kilowatt hrs/day per dwelling unit Commercial - 186 kilowatt hrs/day per customer In addition to comments from various public agencies, WILSEY & HAM noted an inconsistency between the Redevelopment Plan and the Draft EIR in reference to the definition of Planned Commercial/Resort. The Redevelop- ment Plan defined this proposed use to include hotels/ motels, etc. The draft EIR provided an expanded defin- ition to include those uses permitted within the Core Area Commercial. The correct definition of Planned Cociuuercial/Resort is that found in the Redevelopment Plan; the definition within the Draft EIR will be revised to make the two definitions consistent. LOWELL WEEKS, COACHELLA VALLEY COUNTY WATER DISTRICT, requested that they be excluded from the Program so that their tax rate would be unaffected by the Redevelopment Program. It was the opinion of Council that between now and the proposed hearing on this matter, the Redevelopment attorney ROBERT JOEHNCK and the water dis- trict sit down to develop the true facts in this matter before it be given at the continued public hearing. VAL LITCHFIELD, 43-155 PORTOLA, representing the Concerned Citizens, requested staff consideration of their letter before further discussion on the EIR. Paul Williams advised that their letter had been received and would be given proper consideration by staff. Mr. Hurlburt advised that the public hearing had been published as required by City Ordinance, and that only minutes before the Council meeting had been reconvened, a letter had been received from the Concerned Citizens signed by Mrs. Litchfield, President, dealing with the inadequacies of the EIR for the Redevelopment Plan. Staff has not had time to evaluate the letter in order to respond intelligently on the matter. Mayor Clark advised that only if the General Plan is approved can the Redevelopment Agency move on their plan. If it is not approved, all of the work done so far and the figures discussed are meaningless. Mayor Clark previously advised Council and staff that there is $54,000 that will come to the City Redevelopment Agency based on increased property evaluation. -7- Councilman McPherson moved and Councilwoman Benson seconded to continue the Redevelopment Agency public hearing to the meeting of June 26, at 8:30 P.M. in new Council Chambers at City Hall; carried unaimously. MEETING ADJOURNED at 9:21 P.M. COUNCIL RECONVENED to regular City Council meeting at 9:21 P.M. IX. RESOLUTIONS A. RESOLUTION NO. 75-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CONFIRMING ASSESSMENTS ON PROPERTY OWNERS IN SAID CITY, FOR THE ABATEMENT OF NUISANCES ON VACANT LOTS Councilman Aston moved and Councilwoman Benson seconded that RESOLUTION NO. 75-46, with the exception of Exhibit A, Items 3, 4, 6, 7 and 9, which have been paid, be adopted; carried unanimously. B. RESOLUTION NO. 75-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Councilman McPherson moved and Councilwoman Benson seconded that RESOLUTION NO. 75-47 authorizing claims and demands in the amount of $68,770.59 be approved and adopted; carried unanimously. C. RESOLUTION NO. 75-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 8TH DAY OF JULY, 1975, TO BE MADE BY THE COUNTY CLERK OF THE COUNTY OF RIVERSIDE, CALIFORNIA Councilman Aston moved and Councilman McPherson seconded that further reading be waived and RESOLUTION NO. 75-48 be adopted; carried unanimously. D. RESOLUTION NO. 75-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING MILE- AGE ALLOWANCE ALLOCATED FOR USE OF PRIVATE VEHICLES ON CITY BUSINESS Councilman Aston moved and Councilman Brush seconded that further reading be waived and RESOLUTION NO. 75-49 be adopted; carried unanimously. E. RESOLUTION NO. 75-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPOINTING SHEILA GILLIGAN AS DEPUTY CITY CLERK Councilman Aston moved and Councilman McPherson seconded that further reading be waived and RESOLUTION NO. 75-50 be adopted; carried unanimously. F. RESOLUTION NO. 75-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPOINTING JANET THOMPSON AS DEPUTY CITY TREASURER Councilman Brush moved and Councilman Aston seconded that further reading be waived and RESOLUTION NO. 75-51 be adopted; carried unanimously. X. CONSENT ITEMS HELD OVER A. Case No. CUP-02-75 LEAVITT & SKOURAS: Consideration of a conditional use permit to allow the construction of a 5-unit planned residential development on a 1-acre site located on the west side of Burroweed Lane, north of Ryway Place (R-2-8000) -8- Paul Williams advised that the request had been con- sidered by the Planning Commission and approved. It was then forwarded to Council for concurrance or pub- lic hearing. The application is subject to 13 con- ditions including Design Review Board process and tentative map process. Councilman Aston moved and Councilman Brush seconded to uphold the findings of the Planning Commission approval of pro- ject; carried unanimously. B. Case No. VARIANCE 02-75 INDIAN CREEK VILLAS, INC.: Consideration of a variance to permit the construction of an identification sign in the public right-of-way and located in the south portion of the median strip bounded on the west by the frontage road and on the east by State Highway 74 (R-2) Councilman Aston moved and Councilman Brush seconded to uphold the findings of the Planning Commission approval of sign- ing for Indian Creek Villas; carried unanimously. Councilman Brush asked Paul Williams if it would be possible to regulate the signing on developments so that it was uniform throughout the City. Mr. Williams replied that it was not feasible in that it would be hard to come up with a standard sign for use through- out the City, as they would not relate to the indivi- dual character of the different projects in the City. XI. CONTINUING BUSINESS A. Consideration of the Citizens' Advisory Committee's recommendation on the proposed Council policy regard- ing installation of curb and gutters for existing development and the City's participation in such program Mayor Clark asked if any funds paid into the City by residents for single-family dwellings (for curb and gutter tie in) would be refundable, in view of the fact that the City is going to undertake the expense for these citizens. Paul Williams advised Council that those funds received from individual citizens would be refunded. Councilman Brush would like to see staff study of the determination of the cost to the City to provide the tie in pavement and engineering for larger projects. If feasible, follow through with recommendation at later date. Councilwoman Benson moved and Councilman Brush seconded that the Council, by City Council RESOLUTION NO. 75-26, repeal City Council RESOLUTION NO. 74-80 and establish a policy requiring the installation of curb and gutters for developments only where there is a known need for curb and gutters for the pur- pose of storm drainage control; and establish a policy of the City to provide engineering and tie in pavement for existing development in those areas; carried unanimously. XII. NEW BUSINESS A. Request for transfer of $600 from Unappropriated Contin- gency Reserve to provide for postage, freight and express costs for the License & Permit Division ($400); to provide for the purchase of 200 additional abatement signs and replace signs lost thru destruction or vandalism ($200); (UCR balance: $20,048.00) Councilman Brush moved and Councilman McPherson seconded that the transfer be approved as requested; carried unanimously. -9- B. Request for transfer of $600 from UCR to provide for deposits ($300 each) for two temporary water meters to service street flusher (UCR balance: $19,448.00) Councilman McPherson moved and Councilman Brush seconded that the transfer be approved as requested; carried unanimously. C. Request for transfer of $400 from UCR to provide for publications and dues for the Building Department Board of Appeals and City Clerk's office file copies as required by State law (UCR balance: $19,048.00) Councilman McPherson moved and Councilwoman Benson seconded that the transfer be approved as requested; carried unanimously. D. Request for transfer of $500 from UCR to provide for supplemental payment for records management project (UCR balance: $18,548.00) Councilman Aston moved and Councilman McPherson seconded that the transfer be approved as requested; carried unanimously. E. Request for transfer of $2,500 from UCR for professional recruitment services necessary to fill position of Director of Management Services (UCR balance: $16,048) Councilman Brush moved and Councilman Aston seconded that the transfer be approved as requested; carried unanimously. F. Request for transfer of $1,649.24 from Special Depart- mental Expense to resurface Burroweed. Funds available in Gas Tax Fund due to overestimate on cost of County Street Maintenance Services Councilman Brush moved and Councilman McPherson seconded that the transfer be approved as requested; carried unanimously. XIII. ORAL COMMUNICATIONS HOWARD GODWIN, 73-350 EL PASEO, owner of 8 1/2 acres of property at Hwy 111 and Deep Canyon (north side). He stated that half of his property is zoned residential and half is zoned commercial. Mr. Godwin had two independent studies made of the property and both studies revealed that the property should be zoned planned commercial resort, with the advantages that one owner would have a large tract and good frontage on 111, and that it would be at the other end of town and provide balance for commercial or resort area. Mr. Godwin requested that Council change the zoning at a later date to either commercial or planned resort. Mayor Clark directed the matter to staff for study and report to Planning Commission. RON LEE, 73-200 SAN NICHOLAS, asked Council for permission to close off San Nicholas on July 19, between the hours of 5:30 P.M. and 1 A.M. for the purpose of a neighborhood block party. Mayor Clark referred the matter to Mr. Hurlburt so that he could assist Mr. Lee in making necessary arrangements, if feasible to allow the holding of the block party, and to be continued to the Council meeting of June 26. XIV. REPORTS AND REMARKS A. City Manager Mr. Hurlburt stated that staff feels that one of the critical elements of the character of Palm Desert is the views that exist of the surrounding mountains and the Valley floor. Staff feels that greater -10- emphasis should be placed upon preserving these views to the greatest extent possible. He recommended that the General Plan should set a more realistic and functional basis for preservation of these views than arbitrary height limits. Since this involves a panor- amic view versus the view of a particular focus such as a single landmark, Mr. Hurlburt applied the term "sight planes". A "sight plane" is the establishment of a specific plane which relates to the existing topo- graphy of the area, which no structure should pene- trate if it can be economically avoided. Mr. Hurlburt recommended that the City Council direct the Planning Commission to consider an amendment to the Urban Design Element of the General Plan to provide a basis for "sight plane" protection for the view areas of the City, in order to establish a "sight plane" protection pro- gram. Mr. Hurlburt advised that this will be an expensive program to establish and will require consid- erable, time-consuming e.;in'ering. For this reason, Mr. Hurlburt recommended that this process begin in the next fiscal period to commence after zoning ordinances, subdivision ordinances, and other General Plan imple- mentation tools are adopted. Mayor Clark stated that the General Plan does not and should not mention anything about heights, and ques- tioned Mr. Hurlburt's reference to the General Plan. Mayor Clark stated that the specifics should be in the Zoning Ordinance. Mr. Hurlburt recommended that staff be directed to ask the Planning Commission to amend the Urban Design Element in the General Plan to include "preservation of views of desert and mountains to the maximum extent practical. Councilman Aston moved and Councilman Brush seconded that staff be directed to request the Planning Commission to make an amendment to the General Plan regarding "sight planes"; carried unanimously. Mayor Clark advised that Council would be happy to see the "sight plane tool" implemented in the Zoning Ordinance. B. City Attorney Dave Erwin advised Council that the Referendum Committee is requesting that the statement in Judge Metheny's decision regarding reversion to the Cove Communities General Plan should the Palm Desert General Plan be defeated at the polls be removed. Mr. Erwin advised that if this request is complied with, it would mean that there would be an immediate mora- torium. Councilman Brush asked what effect this would have on the community. Attorney Erwin advised that there would be absolutely no activity in the community. Councilman Brush stated that the Referendum Committee obviously doesn't want the working man in this town. Mr. Erwin advised that the hearing on this request is set for June 20, prior to next Council meeting of June 26. Councilwoman Benson inquired if the decision was up to Judge Metheny, and Mr. Erwin replied that it was. Mayor Clark stated that the Referendum Committee wants a total moratorium on the City. Councilman McPherson stated that he couldn't understand how any rational person could want to put anybody out of work in this time when economics are so bad. -11- C. Mayor and City Council Councilman McPherson asked what had happened to the No Smoking ordinance for Council Chambers and was advised that Dave Erwin was constructing the ordinance. Councilwoman Benson inquired about the Palm Springs TV station moving to Cook Road and Country Club. Paul Williams advised that such a request had been sub- mitted to the Planning Commission and that the request had been reviewed, but the application was not inform- ative enough to give a clear understanding of the request. The Planning Commission has requested additional information, and the matter will be dis- cussed at their meeting of June 16. Mr. Williams advised that under the General Plan, a broadcasting studio is considered institutional, so the use would be appropriate, and the Commission may find it accept- able. Councilman Brush stated that in view of the referendum action it may become mandatory that this City Council adopt a General Plan more restrictive in nature, and it could be that Council will find that it is so restrictive it will force builders into the adjoining county area and then there will be no City control. XV. ADJOURNMENT Mayor Clark adjourned the meeting at 10:26 P.M. ATTEST: HENRY B. CLARK, Mayor HARVEY L. HURLBURT, City Clerk City of Palm Desert, California MINUTES OF THE CITY COUNCIL MEETING OF JUKE 12, 1975 RE APPROVED AT THE 26,1 1975. C/' SHEILA LLIGAN,. TY CLERK -12-