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HomeMy WebLinkAbout1986-12-30MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL TUESDAY, DECEMBER 30, 1986 • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4 p.m. in the Council Chamber of the Civic Center. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tem Jean M. Benson Councilman Buford Crites Councilman Walter S. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Douglas Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk/Secretary Steve Smith, Acting Director of Community Services Richard Folkers, Director of Public Works Kirby J. Warner, Director of General Services V. OLD BUSINESS A. CONSIDERATION OF EXTENSION of Building Moratorium in the North Sphere of the City of Palm Desert. Mr. Altman stated that the moratorium in the City's North Sphere would expire at midnight on December 31st unless otherwise extended. He said its current boundaries were from Interstate 10 on the north to Country Club Drive on the south and from Monterey Avenue on the west to Cook Street on the east. MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 30, 1986 • • • • • • • • • • • • • • • • • • • • • • He said that while it was staff's recommendation that it be lifted for the majority of the area, it should continue on the area bounded by Frank Sinatra Drive on the north, Country Club Drive on the south, Cook Street to the east, and Portola Avenue on the west (approximately 640 acres). He noted the following reasons for continuing the moratorium: 1. Acquisition by the City of 133 acres on the southeast corner of Portola Avenue and Frank Sinatra Drive in conjunction with the 180-day exclusive negotiating agreement with Phillip J. Lama and Associates necessitates that this area not be subject to development pressures until such time as all necessary plans and concerns are formulated and addressed. 2. There is imminent pressure to develop portions of this area which may either through their production, uses, or location prove to be inconsistent with the City's long-range goals and objectives for the North Sphere area. 3. The large group of five -acre parcels located on the northeast corner of Portola Avenue and Country Club Drive warrants closer examination and detail because of their location and proximity to the City -owned 133 acre site to assure that development in this area is consistent with Palm Desert's long-range desires. 4. An examination of the PR zone, its uses, and standards of development has been undertaken by the Department of Community Services in conjunction with WRT's specific plan. The pressure to develop this PR zoned area has been prior to the completion of this study and could result in uses or types of development which may not be in the long-range interests of the City of Palm Desert. 2 MINUTES SPECIAL CITY_ COUNCIL MEETING DECEMBER 30, 1986 • • • • • • • • * • • • * • * • • • * • • • Mr. Altman concluded his remarks by stating that staff recommended extending the moratorium on only the 640 acres mentioned and until September, 1987, with the understanding that it could be removed by the City Council at any time it felt comfortable doing so. Mayor Kelly invited public testimony, and the following individuals spoke: MR. GARY HILL, Vice President of Manor Care, outlined who they were, what their project was, and a history of approvals by the City. He opposed the extension of the moratorium because their plans were complete, they had all necessary approvals including those from the State of California, they had selected their contractors, and were ready to begin construction. He said they had spent $800,000 to date, and the existing moratorium and its delay had cost them money. He said costs were escalating and a further delay would probably substantially increase the cost of the project not to mention a delay in income. He said they had been to other public hearings and had always questioned what threat their development had to the public health, safety, and welfare. MR. ALAN PERRIER, Attorney for Manor Care, stated that Government Code Section 65858 dealing with moratoriums required that extensions be granted when there was some adverse impact with respect to health, safety, and welfare of the general public. He said the section went further to state that the City Council was obligated 10 days before the expiration of a moratorium to issue a written report stating the measures that had been taken to alleviate conditions that have led to the adoption of an ordinance; he knew of no such written report. He said he had looked at the resolutions (ordinance) that had been adopted and felt it was very general. Therefore, he felt the City Council should make inquiry as to whether or not one had been issued and if not, what could that do to the validity of action by the City Council to extending the moratorium. He said that if it had not, he did 3 MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 30, 1986 • • • • • • • • • • • • • • • a • • * * • • not think the Council had the power to do anything. He continued that he would like to believe that the Council had the responsibility to deal with a certain degree of integrity when dealing with projects and persons who acquire property and rely on the permitting process. He said a CUP was issued to his client and all requirements on that permit had been met; the land cost $350,000. Client's cost is now close to $800,000, and these expenses were incurred in good faith in reliance on the permit issued. He said that, coupled with the fact that the Health and Safety Code really cedes to the State the authority for granting a building permit for construction of hospitals, he did not believe the City Council had the jurisdiction to deal with this. He said the applicant was a good citizen of the City and had done a great deal in reliance on the permit issued. He concluded by stating that this property should be exempted from any further construction moratorium and called special attention to the provision of the ordinance which first gave exemption power to the Mayor and then to the entire City Council. He asked Council to exempt it and keep "us lawyers out of work." MR. WILLIAM CARVER, property owner in the North Sphere, said he was sympathetic with Manor Care as he had the same kind of project and was in the same position as it was as his was also approved by the City and by the State. He said they had both expended a great deal of money and have been trying to get their respective projects underway. However, he said he felt there was a bigger picture at stake and that had to do with not only the Manor Care project and his project but what is happening to Palm Desert. Here was an opportunity to participate in joint City/private enterprise projects that would include senior housing and senior care facilities as well as a number of other things that would greatly benefit the City. He said he did not know where he fit into this picture and perhaps someday he would wish he had not made this speech, but if we didn't start with trying to do something for the good of the whole city, we would be remiss. He said the City should be very sure that the 4 E i MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 30, 1986 • • • • • • • • • • • • • • • • • • • • • • Manor Care property is where it should be for the best benefit of the development of the entire area just as it should be in terms of his property. He concluded by stating he felt it would be a mistake to extend the moratorium for only 640 acres until the results of the WRT study are in and Council has taken action on them. He felt that the extension should be only until June 1st. MR. WILLIAM BAILEY, 105 Wilshire Boulevard, Los Angeles, said he owned the northeast corner lot on Portola Avenue and Country Club and asked if any final plans had been made for it yet. Council responded that the report from WRT had not yet been finalized and submitted. Mayor Kelly closed the public hearing portion of the meeting. Mr. Altman stated that staff had recommended an extension for only the 640 acres where development was imminent as no plans for other areas were before the City to date. Mr. Phillips responded to Mr. Perrier's inquiry as to a written report by stating that the first extension occurred on September 25th, and there was a staff report which was confirmed by the City dated September 12, 1986. This extended the moratorium from September 25th to December 31st. He said that the Council had before it today a draft memo dated December 26, 1986, which also contains the same type of information which that section appears to require. He said that the memo is dated five days before the extension as opposed to ten days, but he felt that the City had substantially complied with the requirement of the law as its intent was to allow people to know why and what the City was doing. Counci1member Benson stated she would like to see the moratorium extended for the whole area so as to protect the 640 acres from being downgraded by what goes in around it. She said that was not too high a price to pay to get what the City wanted and needed out in that area. MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 30, 1986 * * * * * * * * • * * * * Councilman Wilson said he was concerned about the Manor Care situation and quite frankly that in the past three to four months that the City had not been able to come to an agreement with them. He said the City made it clear what the problem was in the last public hearing at which representatives of Manor Care were present. He said the City was master planning the entire area and did not want piecemeal development until it knew what zoning should be implemented for the entire area. He said it was too bad that City negotiations with Manor Care had broken down and that he at the last extension had been in favor of a longer one. He said Mr. Carver had stated the case very well in that it was the bigger picture the City Council had to look at. MR. ALAN PERRIER responded for his client by stating that he had met with City Manager Bruce Altman about six weeks ago and he said he would be back to him and Manor Care on some alternative proposals; he said to date, they had not heard from him. He said Manor Care had a first-class site and was reluctant to change it especially since they have spent money engineering it. He said the project they were proposing was "not going to drive any nails into any coffins" and would be one the City would be proud of. MR. GARY HILL of Manor Care said that he and his associate, Mr.Horton, had met with City staff and talked about moving the project as they had also done with WRT. He said that the property suggested as an alternative site was a multiple price -- much higher than what they had paid. He said it would be an undue hardship for his project to be off Country Club Drive, but they were still willing to talk about something. Upon question by Councilman Wilson, he responded that his project was on 4.76 acres. Mr. Altman responded to statements by Hill and Perrier regarding their meeting with staff. He said it was his goal to sit down and work out some type of suitable arrangement with all affected property owners and in fact, he had been successful with everyone but the Manor Care representatives. He said it was his 6 t MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 30, 1986 * * * * * * * * * * * * * * * * * * * * * * impression that they had no desire whatsoever to relocate and therefore no one got back to them as they felt the issue was an unnegotiable one. He offered to meet once again and get it out on the table and let the cards fall where they may. Mr. Phillips advised the Council that it would take a 4/5 vote of approval to extend the moratorium. He asked that if Council deemed to extend it, that the action include the findings such as were included in the original ordinance extending it. These findings were: That there is a current and immediate need to extend the construction moratorium for the North Sphere Area because of a threat to the public health, safety, and welfare pursuant to Govern- ment Code, Section 65858; the City is currently studying the following issues necessary to regulate and control the land usage consistent with protecting the public within the City of Palm Desert: traffic, curb cuts, lights, stop signs, environment, open space, hodge-podge development, and open space conservation. Mr. Phillips also read Government Code Section 65858 which stated the requirements for an extension and which were essentially the same as included in Sections 1 and 2 of Ordinance 480. Councilmember Benson moved to extend the moratorium until September 15, 1987, as it stands now subject to the specific language outlined by the Deputy City Attorney. Councilman Snyder seconded the motion if amended to include a request to staff and the consultants to work with Manor Care to alleviate problems that exist there. Councilmember Benson agreed to the amendment. Motion carried by a 4-0-1 vote with Councilman Crites ABSENT. VI. ADJOURNMENT Councilman Snyder moved to adjourn to Closed Session in accordance with Government Code Section 54956.9(b)1 and 54956.9(c). Councilmember Benson seconded the motion, and motion carried by unanimous vote. Mayor Kelly adjourned to Closed Session at 4:50 p.m. 7 MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 30, 1986 • * • * * * * • • * • * • • • * * • • * • • Mayor Kelly reconvened the meeting at 6:20 p.m. and immediately adjourned with no action announced. ATTEST: SHEILA R. GIZLIGAN, Cj'i' CLERK CITY OF PALM DESERT, ALIFORNIA RPHARD S. KELLY MAYOR 8