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HomeMy WebLinkAbout12/19/1984 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 19, 1984 A Regular Meeting of the City Council was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednes- day, December 19, 1984, at 7:30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert Absent: None COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . APPROVAL OF MINUTES: It was moved by Smith, seconded by Maryanov, and unanimously carried, that the Minutes of November 5, 21 , 27 and December 5, 1984, be approved. PUBLIC HEARINGS: 1 . P.D. 145 - ANDREAS COVE On November 20, 1984, Council closed hearing on recommendation that the Council certify the Final EIR as complete and give preliminary approval of P.D. 145, in-lieu of a change of zone, for residential development and golf course on property south of existing city limits in Section 2, known as Andreas Cove Country Club. At the Adjourned Regular Meeting of Decem- ber 11 , 1984, Council directed that the hearing be reopened. Director of Community Development highlighted background of the project, indicating it has been under consideration for two years ; that application of a planned development (116) district is in-lieu of annexation pre-zoning, and the process that has been followed, and the basis for it. Mayor decl-ired the hearing re-opened. Tim Wilkes, architect and planner for the project, stated that the dedication of right-of-way on the east side of the project was discussed, and developer is in agreement with staff recommendation for a 60-ft width. John Sanborn, Sanborn-Webb, project engineer, stated that staff addendum relative to sewers is not consistent with prior practice in the city, and it is not known when the land to the south will be developed; that the City should accept the sewer system, and the developer provide access for, future development, if and when that ever occurs. He stated that the system will be to City standard and inspected by the City, and if there are problems, the City will be called by property owners. Mr. Wilkes stated that it is not a fact that there will be mass grading and scarring; that there will be no grading outside of the project area; that there will be no scouring or grading in the Palm Canyon Wash in those areas; that anything needing to be repaired in terms of the current scouring has nothing to do with this project, and this project may be a saviour for the wash; and he requested opportunity for rebuttal . Council Minutes 12-•19-84, Page 2 1 . P.D. 145 (Continued) Culver Nichols, 899 N. Palm Canyon, stetted that he was in favor of the project. Mike Harris, Best, Best & Krieger, attorney representing Hugh Kaptur, and Allottees Miguel and Doran, spoke relative to the EIR and the subject of public access roadway. He stated that of the three alternatives outlined in the EIR, Alternate #3 is reported as the best way to access the canyon, and is to be accomplished via Encanto Way - a half-street recently completed and located mainly on private land, not dedicated to the County, and terminating in the County on Mr. Kaptur' s project; that the access would turn south and extend through the two Allottees Miguel and Doran' s parcels; that none of the three owners want that, nor do they intend to be annexed to the City, nor do they want their property used to solve a problem of another project; that Mr. Kaptur has an approved tentative tract map and has vested rights to the property if he complies with the conditions of the map; that Alternate #3 should be deleted ; and that if public access should be provided, it should be provided by the project which has created the problem for it and not by other property owners who are not included in the project. Hugh Kaptur, 1897 Belding, stated that he has other concerns relative to density transfers, in that there will be few homesites and the remainder will be in higher density for condominiums, which will be 6 units to the acre, and may reach 8 units per acre in reality; that he believes there are areas that the EIR has not addressed, and those addressed include inadequate mitigation to solve the problems brought forth; that the canyons are important to future tourism of Palm Springs; that the plan does not properly address the canyons, and more time should be spent to see if there are alternatives that could be brought forth for these foyers which will be 'totally destroyed, i .e. , Andreas and Murray canyons, and he did not think a golf course was the answer; that there are many issues that have not been completely resolved; that he has concerns about the impact of the golf course to the area, e.g. , use of pesticides; that he is not totally against the project, but this plan is not in the best interest of the City; and he favored a plan which would allow proceeding with the project:, but preserving the canyons. Dr. Grace Maynard, 1392 Camino Real , suggested that any deve- lopment be set aside and the canyons be developed into a national park, and perhaps named, "The Cahuilla Palm National Park. " Ken Ryan (or Reiner) , 133 W. 3rd Street, San Dimas, stated that he represented the Andreas Canyon Club, an organization formed in 1923, and he has attended all meetings of the Plan- ning Commission on this subject, and his interest is in reducing the negative impact, not stopping the project; that the mitigation measures on Page 97 of the EIR are not adequate to preserve the mouths of the canyons; that density should be reviewed; that the location of the tennis courts are in the mouth of the canyon, and although it has been left as an open option, it will be more difficult to preserve the mouth as the project moves ahead; that use of native plants for a reduced setback from Murray Canyon is inadequate; that a fine quantitative analysis of the project has been made, but decision of quality needs to be made ; that there is the option for a unique development, and market demand should not be the only influence; and the decision should be based on quality, and not a choice between the lesser of evils. Council Minutes 12-19-84, Page 3 1 . P.D. 145 (Continued) George Meyer, 73-300 Grapevine, Palm Desert, read a prepared statement, copy of which is on file with the City Clerk, and stated that a 10-ft setback from Murray Canyon could place some units in jeopardy, in terms of erosion and fire; and that the draw of water will ultimately affect the riparian habitat. Abe Seamans, 47 Princeton, Rancho Mirage, expressed his preference that the project not proceed, and that the result will be damaging something which is unique, and creating something that is ordinary. Jon Stewart, President of the Coachella Valley Audubon Society, expressed concerns regarding the impacts on the least Bell 's vireo and the palm riparian habitat, and how they should be mitigated. He stated that the proposed mitigations relative to proximity of the homes to the two canyon areas are unreal , unenforceable, and ridiculous; that the C.V.A.S. supports a 75- yd setback for all development in the palm riparian habitat; that the fringe-toed lizard has been collected within two miles of the project, and should have been a consid- eration in the EIR; that site alternatives should also have been considered in the EIR; that site specific impact analysis should be done on Andreas and Murray Canyons, and required as part of certifying the EIR, and open for public comment; that the Society is willing to work with City Planners and the developer in the final steps of planning and development to reach agreement that will not compromise on the biological resources in the area; and that they favor a "no project" alternative until survival of the least Bell ' s vireo and the protection of the palm riparian habitat can be guaranteed. He submitted his comments in writing, and a letter from Michael Watling, Program Coordinator for Ornamental Horticulture, C.O.D. , relative to use of herbicides and other materials for golf course maintenance, copy of each is on file with the City Clerk. Gary Gray, 566 Sunset Way, San Gorgonio Chapter, of the Sierra Club, submitted a letter, and read a portion of it, which is on file with the City Clerk, and concluded that there are no overriding considerations to justify the adverse envi- ronmental impacts which will occur from the project; that there should be public disclosure regarding agreements relative to mitigation of archaeological impacts ; that site specific EIRs should be prepared for Murray and Andreas Canyons concern- ing biological impacts; and that new alternatives should be developed to consider the feasibility of achieving full preservation of this area. Dee Dee Stone, 132 E. Lake, Palm Springs, stated that the beauty and scenery of the desert should be protected. Richard Miianovich, Tribal Council Chairman, stated that the Tribal Council has supported the developer in this project and he, in return, has supported the Tribal Council ' s concerns relative to protecting archaeological sites; that the City Council and others are expected to help protect the area through the various decisions each makes ; that the rights of the allottees must also be protected ; and that the protec- tion of archaeological sites was the main concern of the Tribal Council . He stated that his personal preference would be no development, and that a few should not take away that which thousands of people enjoy. Council Minutes 12-19-84, Page 4 1 . P.D. 145 (Continued) In answer to questions by Council , Mr. Milanovich stated that the Tribal Council knew that the City Council would have a say as to how the property was developed, and it expected the City Council to keep as restrictive as possible, and everyone would have a say and be satisfied; that there were originally nine allottees involved, although he believed there may have been a sale during the process; and that there is no access for the old road, nor is there a chance of getting access off Encanto. Sheila Neilsen, 12590 Dueador Ave, Desert Hot Springs, questioned whether the Cahuilla Indians feel the same urgency as other tribes in the southwest feel about; preserving sacred lands; and doubted that putting a clubhouse against the hillock or a fence around the land would preserve it. Mayor noted that an attempt was tried many years ago to establish a national park, but it was turned down by the Bureau of Indian Affairs, and he did not believe that would ever be successful . Mr. Wilkes stated that when the project was submitted to the Planning Commission in 1983, Mr. Kaptur had nothing to say, and has waited nearly two years before saying something; that a presentation was made to the Andreas Canyon Club, and he did not hear the same concerns by it as purported by Mr. Ryan; and he questioned if Mr. Meyer' s comments were his concerns, or those of the College of the Desert. Mayor noted that Mr. Kaptur abstained firom discussion and voting on this project while he was on the Planning Commission. Sam Grayshaun, Webb Engineering, stated that two ground water studies pertaining to the project were completed; and there will be no effect from the well drilled in Andreas Cove on the well water from ground water recharge, nor will it have a significant affect on the stream overflowing the area; that low-flows will percolate and high flows will pass over the surface; that the amount of percolation is irrespective of the level of the water table, unless the table were at the surface; that the Andreas well is at 660-ft, is a pressure well , and drawing from it will not have an impact upstream, but will have a nominal impact on the Miguel well downstream; and that because of perennial recharge, the well may fall several hundred feet during draughts, and rise similarly in heavy rainy periods. l7'K e1P Council Minutes 12-19-84, Page 5 1 . P.D. 145 (Continued) David Rainbell , 100 W. Main, Tustin, golf course architect, stated that the course has been designed to preserve the natural area, and only grass is being added; that pesti- cides or chemicals will not be used in the riparian corridors, which normally are only used on the, greens, and area affected is about 21-, acres; that chemicals used today easily break down and are biodegradable, and will not get into the water table; and that he believed the condition can be maintained. Mr. Wilkes stated that it was his understanding there are no records of herbicides appearing in results of tests done on wells where herbicides and pesticides have been used in the vicinity, throughout the Valley; that relative to setbacks from Murray Canyon, the Planning Commission condition was that appropriate setbacks could be determined when more specific project was brought back to it, and it should be kept in mind that this is the first step and each recycling of the project will result in fine-tuning of the project; that setbacks will be better established when a more specific project is designed and fine-tuned; that the thrust of the comments have related primarily to the Andreas and Murray riparian threads, and the Planning Commission was substantially satisfied regarding the design area for those, and in almost every case, the precise design studies around those threads will be brought back to the Planning Commission, and will be the first to be brought back. In answer to question by Council , Mr. Wilkes stated that the highest density in any given area would be 6 units per acre, and a maximum of 900 units would be allowed to be built, although it is not the intent to build that many; and the number will be based on the market demand for this kind of country club; that the average density is 3-4 units per acre for most areas, and the least is 1 unit for 2 acres; that there may be some stepped units; that if the 60-ft right-of-way were to be public, it would be outside of the fence; that the Subdivision Map Act requires that reasonable access be provided, or opportunity for access, and the best solution is that which has been shown on the plan. Mayor stated that the chances of acquiring access through the Indian land not involved in the project, are nil ; and it is the developer' s responsibility to get the access. Mr. Wilkes stated that the road currently used will no longer be useful ; that it will be replaced with a private road and tollgate, and provide access into Palm Canyon; and that the right to refuse entry will be the same as it is now. Council Minutes 12-19-84, Page 6 1 . P.D. 145 (Continued) James Schlecht, attorney for the developer, stated that sug- gestion appears that the developer should provide a public road through the site leading to the canyons, when in fact the Tribal Council has said it has to be a private access road, and it did not want it to be public; that the developer has 'no control over access to the equestrian trail , and the developer has tried to accommodate whatever could be resolved on those issues in this plan, with access that has been shown on the same plan before the City since February, 1983, and in May, 1983, when the Planning Commission requested the EIR, which has been in review and preparation since that time; that the property is not in the City limits, nor did the developer ask to join the City, rather the City started the dialogue and persuasion to come into the City, which the _City has consistently requested; that he could understand the questions about the project if it were riot for an extensive EIR, considerable time spent on the project, 'public hearings and articles about the _project, legal requirements and more public hearings, and now the developer is being criticized; that he thought , this was the kind of project that the City wanted under these, types of conditions ; that a ' lot of money has been spent and the most detailed study in the Coachella Valley has been developed; ,that the site deserves something special and the project should be recognized for meeting that; that final ' development plans muss: be detailed and presented; that the EIR should be certified, and final plans brought back, and nothing less is deserved; that the concept of the project was before the City Council and the Planning Commission, and discussed in joint meetings, and the golf course and access has been there all this time; and that there have been a number of study sessions on this plan, and the developer is now caught in back-biting criticism. There being no further appearances, the hearing was closed. In answer to question by Council , General Operations Director stated that the question of responsibility for the maintenance of the sewers in the private streets has been discussed with City Planners, and since the project is behind locked gates and has private streets, that responsibility rests with the project, until some point when development occurs upstream and the City would take over maintenance. Councilman Birer stated that he was not in favor of allowing units in the areas closest to the canyons, and the Council should consider requiring those shown on the plans for areas "Q,L & P" to be shown elsewhere. Director of Community Development stated that final development plans must comply with the preliminary plan. Mr. Wilkes stated that the units are an integral part of what has been proposed, and suggested those be identified with a caveat that upon further study, a change may be possible. He also stated that lighted tennis courts may not come about when the subject comes back to the Planning Commission; that the design is riot beyond the concept stage, nor is the City losing the ability to deny lighted tennis courts. `a Council Minutes 12-19-84, Page 7 1 . P.D. 145 (Continued) Councilman Birer stated that he wanted to make sure that the ability to preclude units in those three areas, or elimi- nate lighted tennis courts, is not lost. Director of Community Development stated that those issues should be resolved at this point in the process. Mr. Schlecht stated that they do not intend making a final election to annex to the City regardless of what is done on these plans, until a Development Agreement is reached, which will not be completed until an accommodation is reached with the City on these kinds of details, but until the plan concept is approved and available to turn over to designers, the developer does not want to spend more dollars; and the Council will have to hold public hearings on the development agreement. In answer to question by Council , Mr. Schlecht stated that the City requested that the subject of a 20-acre hotel be included in the EIR, and the developer has no plans for that. Councilman Foster stated that the project is down to the last "scene" and he was not ready to "close the curtain;" that a lot of time has been spent on the project in review sessions, and perhaps the Council and others were not as aware as they should have been; that the site was walked one year ago, and the developer has responded to Tribal Council requests and what the City asked, but other aspects are now being seen, i .e. , the roadway and the wash on the east boundary; that he feels very responsible for the position the City Council is placed in, and this once-in-a-lifetime decision; and that he would request the Council to meet in joint session with the Tribal Council , and review the project one more time - possibly having both the City and Tribal planning staffs available. He stated that he wanted to make sure that everything that can be known, is known, before the decision is made. It was moved by Foster, seconded by Birer, and unanimously carried, Maryanov and Smith abstaining, that this matter be continued, and within 60 days, a joint meeting be requested with the Tribal Council to review any concerns it may have on this project. Council Minutes 12-19-84, Page 8 2. C.V. FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN Recommendation: That the Council receive public testimony concerning final draft report for the above Plan and grant conditional approval , including request for Section 10a permit allowed by the 1973 Rare and Endangered Species Act. Planning Director reviewed report dated December 19, 1984, and stated that the fee would remain in effect until $7 million has been collected in fees, at which time, it would reduce to $100 per acre from $600 per acre; that; all cities within the habitat or former habitat of the lizard are included in the Plan; that the fee applies to all areas of the Plan, and any change in the plan would require approval by all cities. Councilman Maryanov stated that the Plan represents a compro- mise among all entities, and an exemption by one entity would (123) lead him to consider exemptions that might be requested in Palm Springs. Planning Director explained how the boundaries of the habitat were determined, and compromise reached; and the effort is an attempt to eliminate biological surveys for making the determination of mitigation. Mayor declared the hearing opened. Bruce Russo, Mission Viejo, NNC (Newport National Corporation) , stated that a tentative parcel map has been filed for approxi- mately 75 acres at Vista Chino and Gene Autry Trail ; that Jim Cornett indicated there were no lizards found on the site; that the fee represents a 1% factor in the proposed cost of the development, which does not preclude the project from moving forward, and he would not be opposed to the fee if the lizard had been found on the site; and that the boundary of the Plan should be changed to reflect that fact. There were no further appearances, and the hearing was closed. Councilman Smith stated that failure to adopt the Plan, would result in likelihood that the Federal Government would stop all further development until the issue is mitigated. Councilman Maryanov stated that the original boundary included a greater part of the developed portion of Palm Springs, and the effort was made to eliminate the City; however, the current proposal reflects a compromise position. City Attorney stated that a single plan will have to be included in a single contract signed by all parties, and any change to that contract would necessitate approval by all the parties. Councilman Foster stated that he would abstain from voting, because of real property interests within the Plan area. Resolution 15365, approving the report, as recommended, was presented; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, Foster abstaining, that Resolution 15365 be adopted. 27,E Council Minutes 12-19-84 Page 9 3. HISTORIC SITE 9 - LYKKEN DEPARTMENT STORE On November 7, 1984, Council continued hearing on consideration of designating "Lykken' s Department Store," now known as (76) "The Alley," on the east side of Palm Canyon Drive, between Andreas and Tahquitz, as a Class 7 Historic Site. At request of affected property owner, the hearing was continued to January 16, 1985. 4. HISTORIC SITE 12 - EL MIRADOR GARAGE Recommendation: That the Council designate the former E1 Mirador Garage, on the SE corner of Tachevah and Palm Canyon, as a Class 7 Historic Site. Director of Community Development reported that the Building (76) & Safety Director has indicated there are some structural problems with the building, and recommended that language be included in the resolution to require that re-use of the structure may require structural modifications, in that compli- ance with existing codes will be required. Councilman Birer stated that he questioned the designation as a Class 7, rather than something less, e.g. , Class 4. Mayor declared the hearing opened; there being no appearances, the hearing was closed. Councilman Maryanov noted that even a Class 7 designation could be developed, but would require prior Council approval ; and that a future Council could eliminate the Class 7 designa- tion. It was moved by Foster, seconded by Birer, and unanimously carried, that this matter be returned to the Historic Site Preservation Board for reconsideration of the designation. PUBLIC COMMENTS: a) Carolyn Toenjes stated that a Westinghouse Plant in Beaumont will handle radioactive materials ; that a negative declaration was given, and construction is taking place; that the Beaumont City Council has been asked to reconsider the environmental assessment and order an EIR; that there is a second proposed project which will handle chlorine (1P3) gas, shipped by train; that there are documented accidents, which indicate problems as far away as 35 miles from the accident scene; and questioned if the Council could provide any input to the Beaumont City Council to delay immediate action, pending further public input. Mayor stated that he was not aware of the projects, and Mrs. Toenjes was requested to submit her materials, copy of which is on file with the City Clerk, and advise the City Council of the action taken by Beaumont ai: its meeting December 20. Council Minutes 12-19-84 Page 10 b) Mr. Ryan stated that the Executive Director of the Andreas Canyon Club asked him to represent it, in general terms, and act as a spokesman and observer, but not as a legal counsel , and to make comments on its behalf. Mayor suggested Mr. Ryan provide a letter from the organiza- tion, indicating his relationship with it. c) Richard Skelsky, 1020 Crasine Way, spoke in favor of the Planning Commission recommendation relative to the bike path through the P.D. 153 golf course project. d) Bill Ford, 2960 Chuperosa, AMTA Regional Director, spoke in support of the Massage Ordinance, rioting that he had minor objections. LEGISLATIVE ACTION: 5. P.D. 153 - TEMPLE GOLF COURSE On December 5, 1984, Council continued consideration of final development plans for the golf course phase of the Mesquite Canyon Country Club project. Mayor stated that he would abstain on this matter. In answer to questions by Council , Director of Community Development stated that the Planning Commission approved the bike path location in front of the units, through the (116) golf course, between Compadre Road and Farrell ; that in the opinion of the Traffic Engineer, the point of entry of the bike path from the east onto Farrell Drive is not dissimilar to other areas in the City, and signing would be provided to indicate signal crossings to the north and sough; that the location of the bike path has been on the preliminary and final plans all along, and he did not know whether people knew in advance or were apprised in advance of this fact; and that the developer has taken the bike path on Compadre Road and extended it to Ramon, which was an additional area not required by the Planning Commission. He also noted that with the exception of the link through the golf course between Farrell and Compadre, the remainder of the system is in place. Councilman Birer stated that he did not have any objection to the path along the perimeter of the golf course, and if the Traffic Engineer is satisfied, the developer should install the path as shown on the preliminary plan. Resolution 15366, approving the final development plans, as recommended by the Planning Commission, including the bike path in front of the units between Farrell and Compadre, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Bogert abstaining, that Resolution 15366 be adopted 6. MICROCOMPUTER AND RELATED SOFTWARE PURCHASE Recommendation: That the Council award purchase of 30 HP microcomputers and related equipment, software, supplies and maintenance, in amount of $200,129.43, to Smith-Anderson ; purchase of specialized facilities management software package, (117) in amount of $14,388, to JB Systems, Inc. ; and PPurchase of specialized engineering package, in amount of $14,000, to Grover & Associates; and amend the budget to provide additional funds in amount of $42,141 . Council Minutes 12-19-84 Page 11 6. MICROCOMPUTERS (Continued) Task Force Convener Goetz introduced members of the Task Force and endorsed the recommendation. (61 & 117) Res 15367 amending the budget to appropriate the funds, and Minute Orders 3504, 3505 and 3506, awarding purchases, as recommended, were presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolution 15367 and Minute Orders 3504 through 3506 be adopted. 7. ECONOMIC DEVELOPMENT COMMISSION GOALS Recommendation: That the Council approve goals established by and for the Economic Development Commission. (60) This item to be reviewed in study session with the Economic Development Commission. 8. MULTI-FAMILY HOUSING - PALM CANYON/ESCOBA (SPRINGS HOUSING PARTNER- SHIP) Recommendation: That the Council adopt a Resolution of Induce- ment for the Springs Housing Partnership to construct a multi- family rental housing project on East Palm Canyon at Araby; and approve agreement with Jones, Hill , & White, as bond counsel for the project. (85) Economic Development & Housing Specialist reviewed report dated December 19, 1984, and noted that the Mortgage Revenue Bonds dictate that 20% of the housing is subject to some type of rent control to preclude rents from exceeding 30% of the income for moderate income families for the Palm Springs area; that the developer probably would not build the project without the bonds. Councilman Smith stated that the R-3 zone was amended to encourage restaurants, and if used for this purpose, he questioned what R-3 land would be left; that perhaps other sites need to be found for this type of use, and not locate them on the main thoroughfare; and that restaurants and hotels do not want to be located on streets other than Palm Canyon. Economic Development & Housing Specialist stated that parcels suitable for multiple-family housing have been identified, and the land costs are of a nature that even with MRB, it would be difficult to bring that kind of project to fruition. Councilman Maryanov stated that it would make sense to arrange a land trade and save the highway frontage parcels for other uses; that the fact a person may have acquired the parcel at a lesser cost, does not make it cheaper land; that the owner' s development right is not being challenged, but the MRB is an encouragement, and the use of prime restaurant/hotel property for housing is questionable; and that the property owner has a right to develop the site, but assistance in doing that is something else. Economic Development & Housing Specialist stated that the site is 5 acres and limited by its size for hotel development; that the property to the west has been approved for apartment development, and land assembly is not likely; and that areas for a "restaurant row" have been explored. Council Minutes 12-19-84 Page 12 8. MULTI-FAMILY HOUSING (Continued) Mayor stated that the property is 15 feet below the highway, and an entrance off the highway could be dangerous, and in the absence of combining the property to provide a different access, the proposed use might be the best use. Councilman Birer stated that vacant land is disappearing, but one use will replace another, i .e. , as small hotels disappear, restaurants may replace those. Councilman Foster stated that he did not want to deny the property owner his rights, but did not want to encourage this use, because he did not believe the benefit would be that great in the long run. It was the consensus of the Council that input be provided by the Planning Commission and the Economic (Development Commis- sion. It was moved by Foster, seconded by Maryanov, and unanimously carried, that this matter be referred to the Planning Commis- sion and Economic Development Commission for report within 60 days. 9. MUNICIPAL CODE AMENDMENT - APPEAL PROCEDURES Recommendation: That the Council amend the Municipal Code to require a publication of notice of appeal if such publica- tion was required of the initial application or action being appealed. (103) City Attorney noted that the ordinance corrects a procedural error relative to publication of certain notices, omitted from the original appeal procedure ordinance. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMEND- ING PALM SPRINGS MUNICIPAL CODE SECTION 2.05.050 ADDING REQUIREMENT FOR PUBLICATION OF NOTICE OF APPEAL. It was moved by Smith, seconded by Birer, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. 10. MUNICIPAL CODE AMENDMENT - MASSAGE Recommendation: That the Council amend the Municipal Code to regulate massagists and massage establishments. City Attorney stated that this item had been reviewed at (103) the previous study session, and revised to reflect out-call massage and enforcement through nuisance abatement procedures. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO REGULATE MASSAGE ESTABLISHMENT'S AND THEIR MASSAGISTS AND EMPLOYEES IN THE CITY. It was moved by Foster, seconded by Maryanov, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. 26.E Council Minutes 12-19-84 Page 13 11 . ECONOMIC DEVELOPMENT CORP. Recommendation: That the Council authorize staff time for an Economic Development Corporation, to be certified by the Small Business Administration. Staff report highlighted. (85) Minute Order 3507 authorizing staff time, was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Minute Order 3507 be adopted. CONSENT AGENDA: 12. Res 15368 approving Supplement #3 to Agreement 68c1 with Combs Gates to transfer title of certain improvements under previous (51 ) lease. 13. Minute Order 3508 authorizing purchase of Steelcase room dividers and work station for Airport Offices, through County contract (51 ) with Envirodesign, Division of Stockwell & Binney, in amount of $6,823.22. 14. Minute Order 3509 approving agreement with AYSO for youth soccer program and use of DeMuth Park, for three-year period, commencing (109) September 15, 1984 and ending September 14, 1987. 15. Res 15369 approving pass-through agreement with DWA for PA7 - Highland-Gateway Area. (124) 16. Minute Order 3510 approving Swim Center Admission Card Program, effective December 20, 1984, and Res 15370 amending Comprehensive (114 & Fee Schedule to establish fee per season. 115) 17. Minute Order 3511 approving Letter of Understanding with the P.S. Senior Center, to develop and operate a day care center (117) for Seniors, weekdays, at the J.C. Frey Building. i r.' . `iLl 18. Res 15371 accepting gift deed for 40 acres of hillside property west of the City Limits, in Section 29. (109) 19. Res 15372 accepting gift deed for Lots 11 and 30, P.S. Palisades. (109) 20. Res 15373 approving FPM 17778 for property on Gene Autry Trail , north of Tachevah, Section 7, Lloyd Campbell . (119) 21 . Res 15374 through 15377 approving Payroll Warrants and Claims (86) & Demands. 22. Minute Order 3512 approving agreement with Riverside County Flood Control , for joint-venture construction of a portion of (88) the Master Plan Line #28, which runs from Tahquitz Wash to South Palm Canyon Drive and E1 Camino Way. It was moved by Maryanov, seconded by Birer, and unanimously carried, that Resolutions 15368 through 15374 and Minute Orders 3508 through 3512 be adopted; Smith abstaining on Resolution 15369. t_Y ice. Council Minutes 12-19-84 Page 14 REPORTS & REQUESTS: 23. DEPARTMENT REPORTS - Received & Ordered Filed a) Treasurer's Monthly - September, 1984 24. CITY COUNCIL. reports or requests a) It was moved by Maryanov, seconded by Foster, and unani- mously carried, that the Mayor sign letter, draft (1104) previously provided, relative to the Desert Museum request- ing recognition in order to seek funding. b) In response to question by Council , Planning Director (12;3) stated that the lizard fee is required of the WECS in the habitat area, except those on BLM land. c) WECS: Council concerns expressed relative to the destruc- tion of the desert by the installation of WECS over large areas and on the ridge lines; and it was moved by Maryanov, ( 123) seconded by Birer, and unanimously carried, that request be made for a, 90-day moratorium on City, County and BLM land, commencing January 1 , and requesting a study of this matter. 25. STAFF reports or requests - None 26. PUBLIC reports or requests a) Ledona Whiteford expressed pleasure at the proposed Massage Ordinance, and requested that in-lieu of "comparable organization" in connection with the reference in the (103) ordinance which refers to AMTA, that the "International Myomassethics Federation, Inc. , be inserted. She stated that if only the AMTA is included, a person applying for a license would not know of this organization. She submitted letter from organization's secretary of legisla- tion, which is on file in the Office of the City Clerk. ADJOURNMENT There being no further business at 11 :30 p.m. , Mayor declared the meeting adjourned. JUDITH SUI4ICH City Clerk