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HomeMy WebLinkAbout1986-02-27MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING THURSDAY, FEBRUARY 27, 1986 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Councilmember Jean Benson III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilmember Jean Benson Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Mayor Pro-Tem Phyllis Jackson Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Kirby J. Warner, Director of General Services Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works Mr. Frank Allen, Director of Code Enforcement V. CONSENT CALENDAR A. MINUTES of the Adjourned/Regular City Council Meeting of February 13, 1986. Rec: Approve as presented. MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1966 a a a a * * * a a a a a • • • • • • a • • • • a • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-078, 86-080, and 86-081. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jack Wellington Ewing and Margaret Helen Ewing for Jack's BBQ, 73-460 Palm Desert Drive, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Douglas Earl Camper for Chili Dog House, 72-624 El Paseo, #B-5, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Monterey Bay Company, Inc., dba Carlton Importing Company, 74-075 El Paseo, #A-11, Palm Desert. Rec: Receive and file. F. REQUEST FOR APPROVAL by Civic Arts Committee for $200 Expenditure for All Desert Art Show. Rec: G. REQUEST FOR ACCEPTANCE of Work for Contract No. 1067, El Paseo Median Landscape Project. Rec: By Minute Motion: 1. Accept the work as complete and authorize the City Clerk to file a Notice of Completion; and 2. Formally concur with the change order for the electrical work in the amount of $8,970.00. 2 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • a • • • • a a • • • • • • • • • • • • • • • • H. RESOLUTION NO. 86-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE LIABILITY PROGRAM OF THE COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY. Rec: Waive further reading and adopt Resolution No. 86-24, authorizing the City to participate in the Liability Program of the Coachella Valley Joint Powers Insurance Authority. I. REQUEST FOR APPROVAL FOR AN EMERGENCY STANDBY GENERATOR SYSTEM FOR THE PALM DESERT CIVIC CENTER. Rec: By Minute Motion, approve the request for an emergency standby generator system and authorize the City Clerk to call for bids. J. REQUEST FOR APPROVAL OF ADDITIONAL APPROPRIATION FOR HOMESTEAD ROAD/ALAMO DRIVE STORM DRAIN PROJECT (CONTRACT NO. 1047). Rec: By Minute Motion, appropriate $7,000 for engineering services (construction staking) for the subject project. K. REQUEST FOR ACCEPTANCE OF LAND DONATION AT THE CORNER OF PORTOLA AND COUNTRY CLUB DRIVE FOR PORTOLA FIRE STATION. Rec: By Minute Motion, accept the land on behalf of the City of Palm Desert and authorize the City Clerk to so advise the Office of the Recorder, County of Riverside. Councilman Wilson addressed Item C and the $200 for the Civic Arts Committee's All Desert Art Show. He said he was very pleased to see the committee involved in this and that it was accomplishing just exactly what the Council hoped it would. He asked Mayor Kelly, liaison to the committee, to extend the Council's appreciation and pride. Upon question by Councilmember Benson on Item D, Mr. Altman responded that applications for liquor licenses were informational only to the Council and that unless the applica- 3 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • tion violated our zoning or land use ordinance, the City had no part in the approval process. He noted that Code Enforcement would investigate the complaint raised by the adjacent tenant in the shopping center to see if a problem existed. Upon motion by Snyder, second by Benson, the Consent Calendar was approved as presented by unanimous vote. VI. ORAL COMMUNICATIONS - A MR. ALBERT KARSE, 309 Tavala Lane, Mountain View Falls, Palm Desert, addressed Council on behalf of the owners in this development located on Hovley Lane, east of Cook Street. He said that the three -phased development was only one-third complete, with Phase II and III standing empty. Phase I had 100 single-family units and 68 of them were sold and occupied. He said that the new owner, Imperial Bank and contractor Paul Green, had advised the owners that the two remaining phases are now going to be developed as 252 rental units which was very disturbing to the people now owning and living there. He asked Council's assistance in resolving a problem that could reduce their property values and create a transient neighbor- hood. Mr. Ray Diaz responded that he had been contacted by the owner and that the proposal for rental units was being presented to the City. However, the project's original approval would not permit this without approval in a public hearing process before both the Planning Commission and City Council. He asked that the owners contact him so that he could inform them of the current status of this request for change and explain the approval process to them. Mayor Kelly thanked the residents in attendance for stating their concerns and said that the Council shared them. VII. RESOLUTIONS A. RESOLUTION NO. 86-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1985/86 BUDGET FOR MID -YEAR ADJUSTMENTS. Upon motion by Benson, second by Snyder, Resolution No. 86-25 was adopted by unanimous vote. 4 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • • • a • • • a • • a a • • VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 452 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT RELATING TO THE ARCHITECTURAL COMMISSION. CASE NO. ZOA 86-1 Upon motion by Wilson, second by Benson, Ordinance No. 452 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 453 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY ADDING THE SUBJECT PROPERTY AND ZONING IT R-1-M (U.A.) CASE NO. C/Z 84-12 Upon motion by Snyder, second by Benson, Ordinance No. 453 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. CONSIDERATION OF AN ORDINANCE RESTRICTING THE NUMBER OF CONVENIENCE STORES AS WELL AS HOURS OF OPERATION IN THE CITY OF PALM DESERT, CALIFORNIA. Mr. Erwin said his report was two-part, the first dealing with possible restriction of the number of convenience stores in Palm Desert. He said his research indicates that an attempt to regulate by saying the City would have four or five stores is not a legal way to regulate that type of land use activity. He said that the basic law under which the City operates requires factual circum- stance as to appropriateness of location of this use. Factual circumstance could mean traffic and other detri- 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • * • • • • • r • • r * • • • r • • • • r • mental affects such as being close to residential neigh- borhoods. To control this, he recommended that the City Council initiate an amendment to the zoning ordinance text that would: 1) define a convenience store; and 2) amend the zoning ordinance to require a conditional use permit for any convenience store which would then give the City the ability to mitigate foreseen and unforeseen problems in the future. The Planning Commission would then hold public hearings on this text amendment which would subsequently require City Council approval. With regard to regulation of the hours of operation as it relates to potentially new stores, Mr. Erwin said poten- tial problems would be mitigated through the C.U.P process. With regard to regulating hours in existing stores, he said he would require more factual circumstance before he could make a final recommendation to the Council. He said he would try to make this report and recommendation available at the next City Council meeting of March I3th. Councilman Snyder moved to: (1) initiate an ordinance amendment to the text of the zoning ordinance defining convenience stores and amending two sections of the zoning ordinance to require a conditional use permit for new applications; and (2) allow the City Attorney to prepare some factual circumstances and potential ordinance for restricting hours of operation for existing convenience stores to be presented at the March 13, 1986, City Council meeting. Councilmember Benson seconded the motion. Motion carried by unanimous vote. C. REQUEST FOR COUNCIL DIRECTION RELATIVE TO REQUEST FOR ANNEXATION BY LIONEL STEINBERG FOR AN 88.8 ACRE PARCEL AT THE SOUTHEAST CORNER OF MONTEREY AND GERALD FORD AVENUE. Councilman Wilson said that when this was previously deferred, Council said it needed a plan before supporting zoning. The City is now working on this plan which will be available within the next few months. Since he felt this logic still applied, he asked if the applicant would be willing to accept a one -unit per acre zoning to get the annexation process started with the understanding that once the Council had reviewed and adopted a plan for the north sphere, the applicant could come in for another zone change. Mr. Diaz responded that he did not think 6 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • the applicant would be agreeable as he was working with a potential tenant for the requested zoning, but he could check with him and report at the next meeting. Mr. Altman stated that the developer's option would be to go with the zoning the County already allowed which was greater than the one -unit per acre. Councilman Snyder stated that this property owner, and many others in this area, had been working with the City for a year in forming an assessment district wherein they paid for street extensions that would open up this area to development. He thought it unfair now to delay this request since they had been acting in good faith. Upon motion by Snyder, second by Wilson, the item was continued to the meeting of March 13, 1986, by unanimous vote of the Council, with direction to staff to come back with information and recommendation on how Council could address these applications in advance of receipt and approval of the north sphere master plan. XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF SPECIAL SIGN PERMIT FOR VINTAGE INVITATIONAL GOLF TOURNAMENT. MS. PATTY CLARK, representing the Vintage Club, responded to Council questions by stating that the Portola entrance was used because it was adjacent to the parking lot and thus eliminated the need for traffic to be routed through the club. Councilman Snyder expressed concern about the City's liability if the banner were to fall. Dave Erwin suggested a condition of approval be a hold harmless agreement and coverage under Vintage's insurance policy. Councilman Snyder moved to approve the request subject to Vintage Club's presenting the City with a hold harmless agreement and adding the City as an "additionally insured" to its policy. Councilman Wilson seconded the motion. Motion carried by unanimous vote. Councilman Wilson stated that Portola Avenue would more than likely be torn up next year in the storm drain project, thus creating a need for a different public entrance at next year's tournament. 7 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • B. SUMMARY OF YEAR 2000 OPEN SPACE COMMITTEE MEETING OF JANUARY 30, 1986. Discussion of this item was included in the Public Hearing portion of the agenda -- Item C. XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF RESOLUTION AUTHORIZING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF THE GOLF ACADEMY FACILITIES. Councilman Snyder objected to the wording of both the agreement and resolution which stated the City and/or the Agency would "pay". He felt the word should be replaced with "loan" as it more accurately described what the Agency was doing. He also expressed opposition to the new provision in the proposed Agency's Public Facilities Agreement that the College could repay the loan with "in -kind services." He stated he would not be in favor of such reimbursement and would vote against the agreement in the Agency meeting if the provision was not deleted. Mayor Kelly suggested that this item be held until after the Agency met and received an explanation. The following action was taken by the City Council immediately following adjournment of the Redevelopment Agency meeting at 9:35 p.m. Councilman Snyder moved to approve participation by the Palm Desert Redevelopment Agency in the cost of installation of the construction of certain public facilities amending any and all reference to the word "pay" by substituting the word "loan" in said agreement and to waive further reading and adopt Resolution No. 86-26. authorizing a loan between the Agency and the City. Councilmember Benson seconded the motion. Motion carried by a 3-0-1-1 vote with Councilmember Jackson ABSENT and Councilman Wilson ABSTAINING because of his professional association with College of the Desert. 8 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • B. REPORT ON INVESTIGATION INTO PALM DESERT COMMUNITY PARK RESTROOMS. Mr. Folkers reviewed the staff report and the five recommended options available to the City Council. Councilmember Benson commended Mr. Folkers for his very thorough report and recommendation. She said the City should move forward with the third option which was to design and build a better restroom facility at the opposite end of the Park. She said Council needed to bite the bullet and do it right. She suggested that in the meantime, possibly enforce- ment of a curfew and asking large groups using the park to provide portable restrooms would help alleviate the problem. Upon question by Councilman Wilson, Mr. Altman responded that staff could be directed to proceed with the design and to come back at the next meeting with cost estimates. The new facility would take six to eight months to complete. MS. SUSAN MACK addressed Council and said that Rancho Mirage had resolved similar problems by hiring a full-time park supervisor. Councilmember Benson moved to 1) direct staff to proceed with design of a new restroom and to present necessary documents at the March 13, 1986, meeting to allow call for bids, and 2) to place steel doors and locks on the existing restrooms so they can remain open but be locked up at night to cut down on vandalism. Councilman Snyder seconded the motion. Motion carried by unanimous vote. Mayor Kelly recessed the meeting at 6 p.m. and reconvened it at 7 p.m. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - B None 9 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • . • • • • • • • • • • • • * XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE OF APPRECIATION TO FREDERICK THON FOR HIS SERVICE ON THE PARKS AND RECREATION COMMISSION. Mayor Kelly presented Mr. Thon with a plaque thanking him for his outstanding public service. He said his service on the Commission since 1979 had been invaluable and that his fellow residents owed him a big vote of thanks for all his efforts on their behalf. B. PRESENTATION BY MS. MARY BROWN OF THE RIVERSIDE COUNTY HEALTH DEPARTMENT REGARDING THE FOOD HANDLERS' ORDINANCE. Mr. Mike Garcia of the County Health Department spoke for Ms. Brown who could not be present. He explained the need for this type of ordinance which had been adopted by every city in the valley except Desert Hot Springs, Coachella, and Palm Desert. He explained the process of issuance of food -handling certificates which required an applicant to read a pamphlet, complete an exam, and pay a $5 fee. Councilman Snyder moved to instruct staff to place this ordinance on the next City Council agenda for consideration and to notify all affected parties in advance of the meeting so they might be present to speak for or against It. Councilmember Benson seconded the motion which carried by unanimous vote. C. PRESENTATION BY MR. STEPHEN L. DURSO OF THE COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT. Mr. Stephen Durso showed a slide presentation on mosquitos and gnats and told of how the District was working to resolve problems in our community which are caused by these insects. XVI. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF APPLICATION FOR BINGO LICENSE BY ONE QUAIL PLACE APARTMENTS. Mayor Kelly declared the Public Hearing open and asked for staff's report. 10 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 Mr. Allen reported that the ordinance required that the applicant have a homeowners organization and that it must be a non-profit organization. Since the applicant did not meet these two requirements, it was ineligible for the permit. Mayor Kelly invited public testimony, and none was offered. He declared the Public Hearing closed. Councilman Snyder moved to deny the request, and Councilmember Benson seconded the motion. Motion carried by unanimous vote. B. REQUEST FOR APPROVAL OF A GENERAL PLAN LAND USE ELEMENT CHANGE FROM MEDIUM DENSITY RESIDENTIAL (5-7 DU/ACRE) TO CORE AREA COMMERCIAL, A CHANGE OF ZONE FROM PR-6 (PLANNED COMMERCIAL, SIX DWELLING UNITS PER ACRE) TO C-1 (GENERAL COMMERCIAL) AND R-3 (7) (MULTIPLE FAMILY, ONE DWELLING UNIT PER 7,000 SQUARE FEET OF LOT AREA) AND DEVELOPMENT AGREEMENT REGARDING THE USE OF THE R-3 (7) AREA AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR APPROXIMATELY 10.3 ACRES FOR LAND BOUNDED BY EL PASEO, SHADOW MOUNTAIN DRIVE, SAN PABLO AVENUE AND LARKSPUR LANE. (Continued from the meeting of January 23, 1986 - Birtcher-Dunham, Applicant). Mayor Kelly noted this public hearing was continued and thus still open. Mr. Diaz reported that since the applicant had not finalized negotiations with a tenant, staff was changing its recommendation to an indefinite continuance with instruction to staff to renotice a new hearing at such time as the applicant is ready to proceed. Mayor Kelly invited public testimony, and none was offered. Upon motion by Snyder, second by Wilson, and unanimous vote of the Council, the request was continued Indefinitely with instruction to staff to renotice at such time as the applicant is ready to proceed. 11 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • C. REQUEST FOR CONSIDERATION OF APPEAL OF A PLANNING COMMISSION DENIAL OF A GENERAL PLAN AMENDMENT FROM PARK TO MEDIUM DENSITY RESIDENTIAL, 5-7 DWELLING UNITS PER ACRE, A CHANGE OF ZONE FROM OPEN SPACE TO PR-5 (PLANNED RESIDENTIAL, 5 DWELLING UNITS PER ACRE), AMENDED FROM ORIGINAL REQUEST, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR 58 ACRES LOCATED ON THE SOUTH SIDE OF HOVLEY LANE, BETWEEN PORTOLA AVENUE AND ECLECTIC STREET. (Continued from the meetings of December 12, 1985, January 9, 1986, and February 13, 1986 - Arthur Bailey & Associates, George Berkey, and Terra Nova, Applicants). Mayor Kelly noted this was a continued public hearing and asked for staff's report. Mr. Diaz reported that this matter had been continued to allow the Open Space Subcommittee of the 2000 Committee a chance to review the proposal and make a report and/or recommendation to the Council. He said the subcommittee had met and recommended that 1) the zone change in question covering the 60 acres on Hovley Lane be denied or continued until the fiscal study and report (which is the next step in the Year 2000 plan) is completed; 2) that the total acreages for open space recommended by the subcommittee not be reduced and continues to be its recommendation. He then reviewed the recommendation for denial by the Planning Commission based on determination that 1) no necessity for change of zone or project as described to warrant a general plan amendment and change of zone; 2) City's need for open space warrants retention of present designation; 3) problems associated with the site can and will be resolved by matters other than change of zone; 4) more problems associated with rezoning and amendment of general plan would be created than would be resolved by the rezoning and changing of the General Plan designation; and 5) the recommendation of the Year 2000 Open Space Committee. He said since the Commission meeting, the applicant had worked out alternatives which he would present at this meeting. He also noted that Chairman Buford Crites of the Commission was present to speak. 12 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • * * * • • • * • • • • * * * • • • • • * • Mr. Diaz concluded by stating that the City was not negotiating or involved in discussions for trade in this matter. He advised that Council's options were to: 1) return the issue to the Planning Commission for comment if Council acted to overturn that body's action of denial; 2) deny the request and thus uphold the Commission action; 3) continue the request and instruct the applicant to resubmit his application so that it covered his other alternatives. He said it was a policy decision as it related to the General Plan. Mayor Kelly invited Chairman Buford Crites of the Planning Commission to speak. Mr. Crites stated that the Commission, on a 4-1 vote, denied the request because the burden of proof for the need for a change of zone is on the applicant, and it was not proven. He noted that the four issues used as justification by the applicant were: 1) As presently zoned, the land will not be used for public facilities because of blow sand problems, etc. The Commission disagreed because the sand dune designation includes alternatives for park uses that are applicable. 2) Zoning has transferred with property owner rights. The Commission felt the most recent property owners knew very we l 1 what the zoning was when it was purchased and in fact one owner was a former public official of the city; 3) Present zoning creates problems for adjacent neighbors, i.e. off -road vehicles, blow sand, etc. The Commission agreed with the many solutions to this problem as presented by staff and heard testimony from Portola Country Club homeowners that they would prefer a green belt area to a change of zone; 4) Need for this type of project is essential to meet the needs in the City. The Commission felt there was no shortage of senior citizen projects in the City, which was this application. He said this project was not central to City facilities or the Senior Center. He concluded by asking the City Council to uphold the Commission's decision. Mayor Kelly invited Rev. Daryl Bjerke, Chairman of the Parks & Recreation Commission, to speak. 13 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Rev. Bjerke said the Commission had discussed this application and recommended that the City Council deny the request and continue to support the recommendation of the Open Space Committee which was really an extension of desires of the City since its incorporation. Mayor Kelly invited testimony in FAVOR of the request, and the following spoke: MR. JOHN QU I ST, 98 E. Tahqu i tz McCallum Way, of Terra Nova Planning Consultants spoke on behalf of the appli- cant. He said the question was still whether or not 98 acres is going to be developed as a park, the size of which would support a population of 64,000. He said they were submitting an offer for a proposed 23-acre park to include two baseball fields, one soccer field, four volley ball courts, five horseshoe pits, children's tot lot, large expanses of grassy open space, jogging and bike paths, group and family picnic areas, two restrooms and approximately 185 parking spaces. He said that in addition to contributing approximately 17 acres, the proponents were also willing to contribute up to $500,000 to the construction of improvement for the park. He said tremendous support and offers from local contractors for contribution of materials and manpower on a cost basis had been received. He concluded by stating this proposal would provide more than half the park needs for a city the size of Palm Desert and asking the Council's favorable decision. MR. RICHARD GULICH, 45-875 Abronia, Palm Desert, spoke on behalf of the proposal saying it was what the city needed. MR. WARREN SMITH, Desert Youth Sports Organization, said the City needed more athletic fields. The 23 acres of land developed as proposed would go a long way in meeting this need. MR. GEORGE BERKEY, JR., applicant, said his proposal was a beginning to meeting the needs. He recognized it would not please everyone, but he felt it was a good start. 14 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • MR. BUFF BENSON, 74-125 Highway 111, Palm Desert, said the Council should be looking at the question of creating a marvelous place to live but also asking what happens to our children when there Is no place to play. The City is addressing senior citizen needs but he felt was neglecting the needs of the youth. He supported the applicant's proposal for the 23-acre park. Mayor Kelly invited testimony in OPPOSITION to the request, and the following spoke: MS. SUSAN MACK, 74-881 Borrego, Palm Desert, spoke on behalf of the 2000 Open Space Subcommittee and 219 residents who had signed a petition opposing the request based on: 1) the City's intent to provide a "natural desert -type park" in this area since the original General Plan of 1975; 2) the reaffirmation of this intent in both the 1981 General Plan and the December 1984 Land Use Map; 3) the fact that the City's Capital Improvement Budget since fiscal year 1983-84 had provided $200,000 per year be set into a reserve for the acquisition of this land, $600,000 of which was already set aside; 4) April, 1980, census reports that 68% of the City's population is under the age of 55 years which means that almost 70% of our people are children and young adults in their child bearing and rearing years, creating a need to provide for the recreational needs of families; and 5) no adequate park facility being currently available to meet the needs of our church congregations, family organizations, senior groups, or other community associations. She concluded by asking the Council to support the Open Space Committee's recommendation and that of the Commissions. With no further testimony offered, Mayor Kelly closed the public hearing. Councilmember Benson stated her concern with the retire- ment of the concept proposed since it seemed to her that the 2000 Committee recommendation was for us to develop to be a destination resort, not a retirement community. She said the City was flooded with requests for develop- ment of senior housing and congregate care facilities. While she agreed with the people with children who 15 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • addressed the need for parks now, she didn't think this was the park site that should be changed or compromised. Councilman Wilson said it was a difficult decision because as the applicant had pointed out, it boils down to the bird in the hand vs. the bird in the bush. He felt the City should hold out for the best for the whole community and was therefore leaning toward upholding the recommendation of both the Planning and Parks & Recreation Commissions. However, in fairness he felt Council, if it denied this application, should direct staff to do as Mrs. Mack had suggested to develop a plan of action to start acquiring park property so that we accomplish the dream of the original planners to create a fine, large, central park in our community that everyone will benefit from not just today but in the future. Councilman Snyder said that while he agreed with state- ments made, he questioned the required size of the park because he was not sure that in refusing to accept the proposed compromise, the City would be able to obtain what it wanted. He preferred a continuance to determine whether or not other land owners could be brought into the act to get 58 acres that the City could now develop and then maintain. Mayor Kelly agreed parks and ballfields were needed for the youth, but he said that settling for a few ballfields now would leave the children using them with a problem for their own kids in the future. He said the City has the open space to work with now. It won't be there in the future if good planning doesn't happen now. He said he would not object to a continuance, however. Bruce Altman said that his experience with the 2000 Committee left him concerned with the future and being able to shoot for the moon. He said the City was going to have to come up with proposals for creative financing, possibly private/public partnerships, that would help the City attain its goals. He said he had spoken with the land owners and now suggested continuing it to look at a bigger issue in the vicinity including other uses of the land such as a hotel circle which will produce revenues to the City. This continued investigation might put the 16 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 Council in a better position to make a long-range decision to benefit today and the future. Councilmember Benson stated that City officials, staff, and numerous citizens had extended a great deal of time in the 2000 planning process to determine what we will need in that year. Jumping in now before these plans are finalized might negate the City's achievement of those goals. Upon question by Councilman Wilson about the applicant's willingness to continue the matter, Mayor Kelly reopened the public hearing. MR. GEORGE BERKEY, JR. said that a continuance was acceptable but that it should be for 30 days to allow sufficient time to contact other land owners. He said while they would wait and work with the City, their application was not for a change in land use but for an amendment to the General Plan and a zone change to 5 units to the acre. He felt Council could go ahead and approve that and possibly change it in the future after park problems were resolved. He said their application had been in the works for a year and while it was hung up in "sand dunes", three similar projects had been approved. MR. BARRY MACK addressed Council as a father, husband, owner, and resident. He didn't believe Council had heard anything rendering invalid the decision made a decade ago. He felt nothing had been said to reverse the Planning Commission or the Park E. Recreation Commission decisions. He said nothing was said to justify postponing it any further and that it had been examined carefully by both sides. He felt it a disservice to postpone it and requested the Council either deny or grant it at this meeting. MRS. SUSAN MACK addressed Council again and reminded members that 58 acres of park were needed today; 175 acres are needed for the year 2000. Mayor Kelly declared the public hearing closed. 17 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson said that it boiled down to whether or not the City Council was willing to compromise on the original General Plan designation. While both sides had presented convincing arguments, he was not ready to make a compromise. He moved to waive further reading and adopt Resolution No. 86-27, denying the appeal and upholding the decision of the Planning Commission. Councilmember Benson agreed and seconded the motion. Motion carried by unanimous vote. D. REQUEST FOR CONSIDERATION OF APPEAL BY DALE AND PAMELA SMALLW00D OF A PLANNING COMMISSION DECISION TO REQUIRE AN ENVIRONMENTAL IMPACT REPORT FOR C/Z 85-12, PP 85-47, 572 UNIT SENIOR HOUSING DEVELOPMENT AND POTENTIAL 180 BED SKILLED NURSING FACILITY ON 23 ACRES ON THE NORTH SIDE OF FRED WARING DRIVE, 1400 FEET EAST OF COOK STREET. Mayor Kelly declared the Public Hearing open and asked for staff's report. Mr. Diaz stated that the applicant had submitted a written request for a two -week continuance so her attorney could be present for the hearing. Mayor Kelly invited public testimony, and the following spoke: MR. PAUL KANEKO, Planning Director for the City of Indian Wells, voiced support of the Planning Commission's decision to require an environmental impact report and said his city had submitted a letter stating its concerns. Upon motion by Snyder, second by Wilson, the item was continued to the meeting of March 13, 1986, by unanimous vote of the Council. XVII. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 86-28 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING THE ALL RISK INSTALLATION FLOATER INSURANCE REQUIREMENTS OF THE GENERAL SPECIFICATIONS. Mr. Altman reported that contractors were facing the same insurance problems as the City was and were unable to get the all-risk insurance at reasonable 18 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • • • • • • r • • • • • • • • • • • • rates. He asked adoption of the proposed resolution which would allow contractors to make a cash deposit in lieu of a bond. Upon motion by Snyder, second by Benson, Resolution NO. 86-28 was adopted by unanimous vote. 2. ECONOMIC COMMITTEE Mr. Altman said that at the joint meeting, it was recommended that a citizens committee be established to work with the economic consultant. He recommended that the chairpersons of each subcommittee of the 2000 Committee be appointed to this committee. Councilman Wilson said that was not what he had in mind. He said the members should be from within the community and who are available to meet regularly and give the Planning Commission and City Council advice. For example, he felt this committee should be called upon to give input on proposals for the City's west entrance. While he agreed that the Blue Ribbon Committee members were excellent choices, they might not be readily available for frequent meetings. He suggested individuals such as George Berkey, Hank Stokes, Donol Hedlund, etc. as well as the City Manager, Planning Director, and other staff members the Manager saw fit to appoint. Mr. Altman advised he would contact some of these individuals and come back to the next meeting with a final report and committee composition recommenda- tion. B. CITY ATTORNEY None 19 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 . . . . . . . . . . . . . . * . . . . . * * . * . C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. CITY PROMOTIONAL SURVEY Councilman Wilson reported that as an Advertising and Promotion Committee project, individuals would be in the community over the weekend stopping people and asking questions to complete a survey. 2. JUNIOR GOLF COURSE Mayor Kelly asked Council's approval of the formation of a committee to study the feasibility of a junior golf course. He said he had attended the Parks & Recreation Commission meeting and had also met with the new director of the Coachella Valley Recreation and Park District and received concurrence that a need existed as well as an offer to help serve on such a committee. He recommended that the following, among others, be appointed: David Skiffington, C.V. Rec. District; James Montoya, City Park 8 Recreation Commission; Ed Montgomery, Golf Pro of Chaparral Country Club; Tony Manzone; Donna Stack, D.Y.S.O; Warren Smith, D.Y.S.O; Bob Solomon, Boy Scouts; Bob Englehart; A Local Citizen; Carlos Ortega, staff member; representative of the Soccer League; a representative of Little League. Councilman Snyder said he was not against the idea but he wanted to make sure the committee would consider: 1) cost of construction; 2) on -going cost of maintenance; 3) affect on ability to finance other needs for youth facilities. Mayor Kelly assured these issues would be addressed. Councilman Wilson moved to authorize the Mayor to proceed with the formation of this study committee as outlined by the Mayor. Council - member Benson seconded the motion. Motion carried by unanimous vote. 20 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING FEBRUARY 27, 1986 • • • • • • • * * • • • • • • • • • • • • • • • * XVIII. ADJOURNMENT Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 9:40 p.m. SHEILA R. GILLI'GAN, CITY, CITY OF PALM DESERT, C ERK FORNIA RICHARD S. KELLS', MAYOR/ 21