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HomeMy WebLinkAbout1987-11-02; Parks & Recreation Commission; MinutesMINUTES MEETING OF: Date of Meeting: Time of Meeting: Place of Meeting: Center PARKS & RECREATION (SPECIAL COMMISSION MEETING) November 2, 1987 5:00 p.m. Public Safetv and Service COMMISSIONERS CALL TO ORDER: Chairman Donovan called the meeting to order at 5:00 p.m. ROLL CALL: Present: Commissioners Donovan, Castner, Lawson, Popovich and Welshons, Dahlqui-st. Staff Present: David Bradstreet, Director, Parks & Recreation Keith Beverly, Management Analyst PUBLIC OPEN FORUM: There were no requests to speak on a non-agenda i tern. APPROVAL OF AGENDA: The Agenda was approved as presented. APPOINT SCRIBE: Commi ssioner Lawson was appointed Scribe for this meeti ng. UNFINISHED BUSINESS: David Bradstre«t gave a staff report updating the Commi ssioftfxMk th« Local Facilities Management Plan Zone 5 — :~ He stated that du« to a buildup of facilities and population of the industrial area it is felt that recreational facilities should be developed. One of the goals of the staff is to implement guidelines for industrial participation in providing the recreational facilities. This can be done by incorporating into the city's overall planning of the local Facility Management Plan for Zone 5. In preparing the Zone 5 Plan the staff proposes that an industrial fee be levied that would provide for the active recreational amenities that would meet the existing and future industrial population demand, which is estimated at 40,000 population at build-out. The local facility management fee for parks and recreation facilities was introduced, discussed and supported by fhe Parks & Recreation Commission at their June and July meetings and was also discussed at the public hearing of the Planning Commission meeting on July 1, 1987. MINUTES Page 2 November 2, 1987 COMMISSIONERS On August k, 1987 a recommendation of fifty (50) cents per square foot was presented to the City Council for the specific purpose of building a multi-use sports complex to meet the industrial population's recreation demand in Zone 5. After public input and council discussion, the council supported the fee concept and directed the Parks & Recreation Commission to further review for council final determination of the following: 1. Needs Assessment 2. City Wide Fee vs. Zone Application 3. Facilities to be developed. 4. Fee Recommendation Bradstreet indicated that at the August Parks & Recreation meeting, Chairperson Donovan requested that the Park's Site Facility Planning Committee meet with staff and Zone 5 representatives to investigate and return to the Commission a recommendation regarding the council's concerns. Counci1 persons Barbara Donovan and Jim Popovich are members as well as Mark Hughes, Director of Marketing for Center's Development who is the Zone 5 developers' representative. Also included was city staff, Mike Hozmiller, Planning Director, Phil Carter, Senior Management Analyst, representing planning and Orvce Manues, working out of the City Manager's offfjji.. Keith Beverly and David Bradstreet regf*«enting the Parks & Recreation Department w«r»- staff liaisons for the committee. The committee met over the last two months to analyze, discuss and make recommendations as outlined by the council and the Parks & Recreation Commission. Observers who were in attendance were allowed to make comments at the meetings. Bradstreet presented the committee's findings and recommendations as outlined in the report which was presented to the commission: Needs Assessment - based on current use analysis, the results of two independent surveys, one by the city and one by the Zone 5 developers and recreation industrial trends throughout California, the committee concluded that there is a recreation demand in Zone 5 that the city should address. Zone 5 versus the City Wide Fee - based on the i ndustrial populat ion impact Tn Zone 5, the ability to locate facilities in close proximity to the employees' concentration and because the parks and recreation element does contain policy statements to specifically encourage industrial development to provide recreation facilities, the committee recommends that the proposed fee be applied at a zone level. MINUTES r Page 3 November 2, 1987 COMMISSIONERS F3ci1i11es - based on the two surveys and current facility use information, the committee recommends the following active recreation facilities to be considered: a 7500 to 10,000 square foot fitness center, swimming pool. Also included, 3 ball fields, 3 full-size basketball courts, 6 tennis courts and k outdoor racquetbal1/handba11 courts, all should be lighted. The facilities could be placed on one large site or several smaller sites throughout the industrial corridor. The amount of land required for these proposed ameniti'es will range from 8 to 15 acres and the cost has been estimated to range from $5.8 to $8.9 million. The acquisition cost of $350,000 per acre with the development cost of $115,000 per acre, the fitness center and swimming pool being separated out and the incorporation of $2 million in development cost concluded a total cost between $5.8 to $8.9 million. This cost does not reflect maintenance and operation cost. Bradstreet stated that a golf course complex has been discussed by the committee and it was felt that an 18-hole championship golf course would contribute to a well-rounded comprehensive recreation program, however the developer representative has repeatedly indicated that Zone 5 developers are not willing to construct a golf course in the industrial corridor because it does not satisfy the recreational demands of their employees. As Bradstreet stated earlier, the cost of the facilities hag: b*en estimated between $5.8 and $8.9 million. Ba*|iKj4H» the remaining square feet of building spac4j£$H-ch Is 18 million, a division of the developMMplriMt Into the 18 million square feet gives a rang* of thirty two (32) cents to forty nine (49) cents per square foot. Bradstreet indicated that the suggested facilities, as estimated by the industrial representative, could be placed in only ten (10) and a quarter acres with a cost ranging from $5.5 to $6.3 million. The representative's estimate reflects only a lap-pool concept. The square footage fee calculates at thirty point nine (30.9) cents per square foot but to allow for an inflation impact, it is suggested that a thirty five (35) cent fee be imposed. The committee considered the staffs' and the developer's estimate and compromised on a fee of forty (40) cents per square foot. The feeling was that the higher fee should include a larger pool complex. The developers of Zone 5 proposed an alternative that the committee felt had some merit in that the facilities were provided upfront, much faster than the city could with the incremental fee concept. MINUTES Page wNovember 2, 1987 V&\COMMISSIONERS \»\ The alternative is as follows: 1. Allow the development community of Zone 5 to design and build the designated facilities upfront on city's Macario Canyon land or on county leased land. 2. If the facilities are located in Macario Canyon, have the developers build the extension of Faraday through to the future Cannon Road which would be west to access Macario Canyon with the city entering into an agreement to reimburse the cost of Faraday through the designated PFF funds. 3. The developers and the city cooperate in establishing a Mello Roos District to front the cost of developing the recreation facilities and Faraday in the immediate future. k. Include in the Mello Roos District other Zone 5 designated improvements and requirements such as circulation to insure the continued development of the commercial industrial land in the zone. 5. The city staff and developers cooperate in developing a comprehensive plan and timetable for approval by the city counci 1 . The committMramls that the details of these alternatives JHMfld be negotiated. There were many concerns and prob1«BS that still have to be resolved especially maintenance and operation. In summary, the committee feels that a Need Assessment should be implemented and as far as the fee for City Wide versus Zone, it is recommended that the fee should be applied at the zone level. The facilities fee is forty (40) cent per square foot. The developer's alternative is to negotiate with the developers for the upfront construction of the facilities and then return for council approval . The committee's recommendation is that the Parks & Recreation Commission advise the City Council to direct staff to enter into negotiations with the industrial developer regarding their upfront facilities development proposal on the city leased or owned land. The proposal analysis and or agreement will be brought back to the Parks 4 Recreation Commission for final approval. ^o ^ — - MINUTES Page 5 r November 2, 1987 COMMISSIONERS In the meantime, it is recommended that the City imposed the forty (40) cents fee until negotiations are complete. If the Parks & Recreation and City Council approves the upfront development alternative, the collected fees would be refunded. If agreement can not be reached, then the forty (40) cent fee shall remain permanent until reviewed on an annual basis to insure that sufficient funds are being collected to pay the identified parks and recreation facilities. The committee also recommends that the developers continue to provide passive recreation facilities as a condition of approval of their respective projects such as picnic areas and open spaces. Bradstreet concludes the committee report by identifying the committee members and staff for any queries. COMMISSION OPEN FORUM: Commissioner Caster queried David Bradstreet as to considering the adjacent industrial areas at this time. Bradstreet indicated that the committee wanted to expound upon it and it was a concern and was discussed by committee members. Bradstreet then turn the query over to Phil Carter for reply. Phil Carter indicated that the growth management allows for the establishment of fees in growth management zonea based on the preparation of the local f aci 1 The ordi nanc«0H&tes in Section 2990-050 the zone fee can be esfSvHahed provided that a local plan has been implemented and assessment of facility or service needed that is not already provided. So a plan has been prepared in Zone 5 and has determined that there is no need at this time for collecting monies from anywhere else. There is no way to establish these facilities other than the implementation of a local facilities management fee. He indicated that there are other zones that have industrial land but they will be assessed one at a time as far as their needs demand. Commissioner Castner noted that with the implementation of this there would be future reimbursement. Carter agreed. Bradstreet indicated that there is really no knowledge at this time what the plan is. Carter stated that there is a legal basis to establish the zone fee for Zone 5 but there is no legal structure for the other zones and this time. Castner ask if there was discussion for any potential zones to have fees. MINUTES Page 6 November 2, 1987 \: COMMISSIONERS Carter states that in Zones 16 and 17 there is some industrial land that the committee will look at as the plan will be revised. There is some concern that there are other areas of the city that are similar to Zone 5 and when the time comes to consider fees for these zones, the legal basis is there. Castner ask since these zones are similar was there any investigation as to what quantity of user or number of contributors toward the overall program on how it would effect Zone 5. How many contributors are there? Castner states that the relative contributors in the other zones are small dge to the industrial build up as yet. Commissioner Welshons asks for a definition of Mel 1o Roos. Phil Carter indicates that the Mello Roos District is a way to finance capital improvements. It is a way to set up a system to tax the land and have the ability to issue bonds to collect upfront monies and the taxes on the land pays off the debt service of the bond; it is a bonding measure. Phil Carter states that the developers have to get city approval in order to get a Mello Roos. Bradstreet agrees and states that the City Council passed a policy earlier which explains the procedures of on Mello Roos District to be developed but the process is still beins worked on. The developers have to petition the 4*t£v to 9e* approval to set up a district and talk city will then implement the district. Commissioner Welshons requests a definition of a "lap pool" and what size of pool is in the proposal, and the fitness center and courts. Bradstreet explains that a lap-pool is a 3-4 lanes of 25 to 50 meters. He states that the committee determined a 25 meter to a 25 yard to a 25 yard to a 50 meter. Commissioner Donovan replied that there is no concrete estimate of the size of the lap-pool, the committee has not determined as yet what kind of pool it should be at this time. Commissioner Dahlquist requests clarification on the formula that was used,to determine what size the facilities are in regard to who will be using them, such as Carlsbad residents, non-residents. Donovan replied that the surveys that were done by the development community and the city were used and a unscientific pole done by her was taken into consideration. Surveys indicate that these were the desired needs of the population involved. She indicates that the surveys are included in the report. MINUTES r Page 7 November 2, 1987 COMMISSIONERS Commissioner Lawson requires clarification as to whether there is conflict with the ballpark analysis of last year to determine the needs of the population in regard to the number of ballparks determine in the proposal. Was this including resi dents? Donovan answers that the number of ballparks and courts were based on the survey and the thought of the desires of the employees when the population had reached 40,000 in the industrial Zone 5. No, the survey did not include resident use. Commissioner Weishons notes that the developers' survey indicates that swimming, biking, jogging and running were the preferred activities and there is no provision for other activities in the area. Donovan indicates that the in the developers' report the noted activities stood out. The report reflects the employees desires and things such as picnic areas, par courses and jogging trails would be required under conditional approvals. Commissioner Dahlquist indicates that in the report the passive portion is already built in. The land is being requested from the developers and the alternative is Macario. The commission is going to recommend that the city explore the option, Macario is being considered as an option only. Donovan indicates that Macario is the alternative if land cannot. bv obtain within the Zone 5 area. Bradstreet irrijPglztes that the forty (fcO) cent fee includes acqu^pffc'fon of land on their property for placing one lai"g* site or several smaller sites and development. The developers' counter proposal is that they put the facilities that are suggested on city owned property and there would be a savings for them due to the fact that no developer owned land will be used. The committee recommends that the fee be implemented at this time and determine if the proper negotiations would be beneficial. Donovan states that if development was to start tomorrow for example, the fee would not then be requi red. Lawson queried as to the investigation of the available sites in Zone S. Mark Hughes indicates that there are some developed and undeveloped pieces of property in Zone 5. Carter states that the developer would have to develop other pieces of land that are adjacent to the industrial sites and facilities for park areas. Lawson then assumes that the acquisition costs are taking into account by Mr. Hughes' comments and what the true land values would be. MINUTES Page 8 November 2, 1987 COMMISSIONERS It is indicated that Mark Hughes did go out and determined that the fair market value for the land is $8 a square foot. Lawson queries as to what is the recommendation of the golf course. Donovan indicates that the developers absolutely do not want a golf course. There was discussion as to having the Zone 5 developers, build the .course which is predicated on the fact that the course would be on Palomar Airport and El Camino Raal which is owned by the county and that the city would like to lease from the county. The city would be able to have recreation facilities built in the canyon upfront and take the money that was set aside from Macario Canyon and pay for the golf course. It was affirmed at one meeting that the development community does not want to participate in a golf course because they feel it would not benefit the Zone 5 workers. Lawson then asks whether or not the development community wants this to be a related issue. The committee accepts the non-participation of the developers in a golf course project. PUBLIC OPEN FORUM: Mark Hughes, Zone 5 representative indicates that the devel oper»,,b«t 1«ve that private enterprise, in its' evol utforfjjijpuld address the desires of recreational SSpflities. The concept of a fee and the approprl^jjBpMs of a fee is something the developers ha^wiHf f foul ty in accepting. The positions have already be stated on this with the staff's difference in opinion in regard to fee structure versus some form of private enterprise. The compromise process is one the development community is in constantly in relation to the public sector. He states that the goal of the developers in Zone 5 is to satisfy the identified concerns of the Parks & Recreation Department but at the same time to secure the future of their investments in the city by guaranteeing marketability and therefore the economic future and stability of the zone by commercial/industrial development. There is a definite marriage that has to take place between the economic future of that corridor, which represents a significant portion of the future fees and funds necessary to run the infra-structure of the City -of Carlsbad. The proposed developer compromise is not a definite "this is it" or nothing suggestion. They wish to pursue a compromise position which has the flexibility to react the greater good of the citizens of the City of Carlsbad while at the same time benefit\ing the development of our lands and meeting the needs of the employees in our zone. MINUTES r Page 9 November 2, 1987 ^ 3\TL\2> COMMISSIONERS They are witling to recognize an interim fee, to pursue the Hello Roos financing, to lend their development expertise and planning and well as their resources in order to pursue a compromise position, and to entertain any reasonable set of alternatives which addresses the needs and economics in the fulfillment of the identified zone requirements. In the process of the compromise, they take issue with some of the qualifications of what the Needs Assessment is to be but recognize that there really is not a standard by which to determine what facilities are needed for 40,000 people and that there will be 40,000 people utilizing the facilities. The staff and committee are therefore overdrawn in their conclusions using the survey. The developers' real goal is a pact between the city and the developers which provides the city with all the public facilities mandated by the Zone 5 Plan including circulation elements and other things which will allow and guarantee the continuity of the developments in the industrial corridor which is so vital to the economic well- being of the city and the future of the individual developments. To achieve that goal the developer requests that the commission recommend to the City Council that they direct the city staff to work with the developers to formulate an acceptable alternative to the proposed interim fee structure, which the developers believe falls short of achieving the win-win position which could be reached through the negotiation process. Commissioner Lawson requests of Mark Hughes to expand on the statement that private enterprise would be able to resolve this issue in long run. Mark Hughes started that generally speaking that in the private sector a demand becomes evident for a good, service or recreational amenity and the private sector generally then responds to the demand. A major private sector did look at the opportunity of providing child care facilities and restaurants, etc., but in looking at Zone 5 the organization felt it was too green. For example, the ballfield at the Safety Center, the three that are proposed and the one that already exist, there should be saturation in the use of the ballfield that is out there at this time. Hughes feels that there is no saturation. Private enterprise provides for amenities as a marketing advantage in drawing in additional monies. Robert Rowes, Legal Council for Zone 5 property owners in the Zone 5 area states that he has been asked to address and review a number of legal issues they are associated with in regard to the impact fee. He points out that there are state laws that determine that specific notice has to be given to everyone who is going to be effected and hear a specific factual basis for the nexus or relationship between the impact and the adaption of the scope of the development entitlements. Page 10 MINUTES November 2, 1987 COMMISSIONERS It seems that most recently that the United States Supreme Court decision Melvin vs. California Coastal Commission. He doesn't believe that the Zone 5 issue has been given the same treatment as the City of Carlsbad's traffic impact or the south Carlsbad traffic impact fees. With respect to the authority for imposing a new standard for the local facility zone and this relates to the issue of City Wide versus Zone Wide, the growth management system mandates in Section 21.90.110 (b) & (e)-that each of the local zone plans be in conformity with the city wide facility plan, so in looking to the city wide facility plan there is no requirement, no provision for parks and recreation in connection with commercial, industrial, retail, office or any other kind. There's nothing unique about the type of employment base that is being provided or they hope that will be provided in the future in the Zone 5 compared with the employment base that exists in Carlsbad Village, the shopping center area, the commercial, industrial and retail sectors along either side of 1-5, in the La Costa area and future areas of the city. The perceived impact is employees. Employees that work in the Zone 5 or will work in the future are no different in terms of their record than the employees in every other business concern in this city, therefore there is an unfair discriminatory impact. The developers would also like to remind the commission that the commercial industrial sector already contributes very heavily to the Parks & Recreation component in this city. The existing 3 1/2% public facility's fee is historical, the records show the city spends approximately 4O-41% of that public fee for recreational ^pgrams. The property owners and future users vf Zone 5 obviously figure their total facilities feeT'of which 40-41% is already going to the city's revenues and coffers is being used for development of new recreational amenities and program and maintenance of those programs as well. Additionally, these projects are already provided with a lunch area, open space areas, jogging trails, par courses and other kinds of active and passive recreational amenities as part of the parks themselves let alone to what Mark refers to as "a better mousetrap". There is a legitimate demand and need and the private sector will provide that in the future. In that regard, Rowes believes the general plan actually suggests in the commercial industrial areas to provide for in a sense, the opportunity for private recreational facilities to come in and meet that recreational component as a whole is distinguished by taking proper revenues out of the crity-wide recreational programs to be spent in that zone. The proposal violates public policies as expressed in the subdivision Map Act Section 66477 and Governmental Code Section 65961, it is suggesting that parks and recreation elements and park in lieu of fee program is not to be applied to commercial industrial development. MINUTES r Page 1 1 November 2, 1987 COMMISSIONERS Commissioner Welshons queried as to what type of recreational developments currently exists. It was answered that there are par courses and outdoor opened space areas, no definite answer as to the number. As far as employee recreational facilities provided by the private sector, Hughes Aircraft has a fitness center, volleyball, etc. Trammel Crows came into the Carlsbad Research Center and put in a lap pool as part of the amenities for their development. The Olympic Resort as a private sector has tennis courts and recreational right in the heart of Zone 5. There is a organized par course on the property just south of Palomar Airport Rd. which is at the beginning of the Palomar Oaks project. There is a major recreational park in the Koll Complex that is within their structured plans that will be developed in the future. A reservoir basin that will be used functionally and will be further developed to have jogging trails surrounding it, it will be completed along with Phase III and IV and will be completed in the middle of April. Additionally, all of the developments in the area are required to provide sidewalks, etc. and really that is how the developers facilitate putting jogging trails and cycling paths through the park. There is really not many options opened, other than to have dedicated large park facilities which are in planning with the reservoir. Commissioner Donovan comments that her unscientific but personal »»frv«y was done by riding around the various industiM»1 area during her lunch hour. She stopped and queried persons on their desires; they indicated that they would like to have benches and jogging paths. Open lots were being used for frisbee games due to the openness. She feels the desires are not grandiose due to the time element i.e., 1unch hour. Commissioner Welshons notes that although there are jogging paths and cycling paths there are no facilities for showers. Commissioner Donovan intones that since there are no more questions could Mr. Rowes allow Mark Hughes the floor. Commissioner Dalhquist would like further clarification in the legal ramifications. It was noted that Mr. Rowes has good arguments, but the City Council does not agree with the legal counsel's determination of what the growth management program does allow and does not allow, the issues have been brought up before. MINUTES Page 12 November 2 , 1987 COMMISSIONERS C<P> Commissioner Popovich suggests that the city's legal counsel should review the Mr. Rowes' comments. Commissioner Donovan notes, as per Phil Carter's comments, that the city attorney has reviewed the comments. Phil Carter determined that Mr. Rowes suggestions have been perused as well as other property owners comments. He states that Mr. Rowes is correct in stating that a local facility's management fee can't be established without the proper noticing, the public has the ability to come before a public hearing with the City Council and make their appeal and have their input before a fee would be implemented. Mr. Bonford, Project Manager of the Kol1 Company for the Carlsbad Research Center agrees that the jogging trails, cycling lanes, etc. are a part of the recommendation. Commissioner Castner points out that the committee has done a good job in establishing a need for recreation in that area. He feels the legal issue has been addressed. He also feels that there is no question that 40,000 people in the area will impact the city's recreation facilities. He feels what must be done is that the commission must recommend to the council that a fee be established as soon as possible so that monies can be collected. It will take a definite amount of time to determine wftat the needs will be in the future. There is a cht&fl to develop Macario Canyon. It is noted that if «!>• chance is passed up at this time, it is not likely that Macario Canyon will be developed. If the developers and the city cooperates with each other, it will be beneficial. He feels the developers can saved 15 acres of valuable land and the city gets a recreation complex that is shared with the industrial zone's 40,000 people and with additional development in that area the cost of the facilities could be shared. Castner is in favor of the Mello Roos Assessment District, he feels that the access roads should be built. Castner states that the access road should be built correctly, if the developers don't want to give up 15 acres of their land, then the 7,500 to 10,000 square foot fitness center and a small swimming pool should be built. A gym that is equal to the one in Stagecoach Park, ballfields, a swimming pool and lighted basketball courts, tennis courts, racqu'etball, etc. He feels that golf course is related, if city land is used. 25% of the people in the survey stated that they play golf. There is a huge demand for a golf course in the city. He feels that if Macario Canyon is not developed quickly, many opportunities will be missed. MINUTES r Page 13 November 2, 1987 COMMISSIONERS It was noted by Commissioner Lawson that there has been lot of discussion and consistent comment, it is also noted that there is general agreement that the users of the facilities will have limited time so the facilities have to be with within close proximity to the users. There is no additional time to be spent on traveling to the recreation facilities. The question of whether or not the fee is being considered and as an in lieu type and whether it couid be and is there a basis to implement it. Phil Carter agrees that these points are to be noted and that it should be taken into consideration that the commission should not discourage the developers from providing these facilities above and beyond what they are already required to do. Commissioner Lawson would like the commission to recognize the fact that it is very important that there will be some flexibility in the standards. Commissioner Donovan asks how long would it take to get to the Zone 5 area from Macario Canyon. It is noted that it takes 5 minutes. Faraday will be made into a two lane road with a bike path on each side of the road. Going from that cul-de-sac on down through the park and connecting through Cannon Rd. Commissioner Lfnrson points out that the zone has yet to come eMIR*-'to build out, parking is an 1"ssue' lijf Commissioner Castn«r refers to Commissioner Lawson's statement on the issue of parking. He feels that the developers should be encouraged to have a fitness program but the commission should first see what funds they have to work with. Commissioner Donovan states that the city council and commission will wants to give the developer incentive to do more in providing the facilities and doing more with the facilities as the city does not have the facilities itself to provide maintenance, etc. due to the number of the people who will be using the facilities in the future. Commissioner Dalhquist notes that <»0,000 people will be in at build out time,'what is the year of build out? MINUTES Page 14 November 2, 1987 COMMISSIONERS It must be noted that the square footage is not just determined for employees only, warehousing/storing should be taken into consideration. The year is 2013 to 2020. Commissioner Castner moves that the commission adopt the recommendations to develop Macario Canyon and to put into that a gym the size of that in Stagecoach Park, at least a 50 meter swimming pool, 3 ballfields, 3 full-sire basketball courts, all of which are lighted, lighted tennis courts, outdoor racquetbal 1 /handbal 1 courts and that this be developed with a forty five (45) cent per square foot assessment to be reviewed annually and that the Mello Roos Assessment District be established to put in the roads to complete Faraday Road and take it in on through either to Cannon or Kelly, that in the future, adjacent areas be considered in contributing to this area and to the cost and when the fee is reviewed annually, that it should be raised or lowered according to the cost and that the $7 million that is in the 1997 CIP be moved up 7 years and the golf course be developed either in Macario Canyon or the county land if that is aval 1 abl e . Commissioner Welshons ask that the motion be broken down . Commissioners Castner and Donovan points out that the motion only needs to be second or it will die from lack of support. Commissioner Donovan asks if the fee that was initial fortyv|jM>) cent is being raised to forty five (45) centlr by Commissioner Castner. Commissioner Castner agrees and states that the reason for his raising of the fee is that the year 2030 is a long time from now. Commissioner Popovich moves that the fee be established at forty (40) cents per square foot to be reviewed annually. Commissioner Welshons second . Commissioner Lawson wants to know if all the fees are set up under a review basis. Carter states that PIL and PFF are on an annual basis. Commissioner Donovan repeats the motion of the forty (40) cent fee be established to be reviewed annually with the inflation mechanisms. Pass 6-0. Commissioner Lawson makes a motion that the forty (40) cent fee be established in lieu basis which would provide the opportunity for staff to consider alternatives to the specific amount of the fee, to established alternatives for such facilities. ~ _ MINUTES f Page 15 November 2 COMMISSIONERS Incentives should be given to the developers should they, within their projects provide exceptional facilities, that they are relieved in some fashion from the specific forty (40) cents, it is for staff to be able to determine this. Commissioner Lawson further determines whether or not the developer can dedicate the land instead of paying the initial fee and that the committee, or does the staff have the authority to exempt the developer from that fee, so that the developer has the opportunity to present to the City Council an exemption from the fee by providing the facilities above and beyond the norm. Commissioner Welshons wants more clarification as to whether or not the public will be allowed to use the facilities. Commissioner Castner indicates that standards will have to be set up. He feels that build up of Macario Canyon will be avoided. Bradstreet indicates that build up of Macario Canyon was and is already anticipated. But now the build up is accelerated due to the project at hand. Lawson feels that any fees will delay build up. Commissioner Donovan indicates that there is a motion on the table. She states that the discussion should be kept to what the commission wants to do. Commissioner tel*hons thinks that even though facilities aRJptuflt they would need to be public in some way, Jiatpv or form. Bradstreet indicates that as Phil Carter stated staff would have to work with the developer in that case. That the commission cannot force the developers to make the amenities public for their own benefit. Incentives can be given to the developers if they want to provide additional public amenities but that would have to worked out. Commissioner Donovan indicates that Commissioner Lawson has a motion on the floor which is to structure the fee on an in lieu basis. The motion was 4-2 against. Commissioner Lawson needs clarification as to what was the reason to oppose the motion. Commissioner Donovan indicates that she felt that it was too complicated and it would be to complex. MINUTES Page 16 November 2, 1987 COMMISSIONERS Commissioner Popovich feels that the subject is drawn out and complicated. After all the meetings that have been held the general conclusion is that either developer would build the complex on their land or the commission would go to Macario Canyon. The commission did think that Macario Canyon was the ideal location to put this project and in the meantime the forty (40) cent fee in effect, continue to collect the money until such time this project was built in Macario Canyon and .when finished, reimburse the developer if they built the project upfront. He states that it getting to complicated. Commissioner Popovich makes a motion that the commission recommends to the City Council that a forty (40) cent fee be put in effect immediately; then that the commission determines whether or not the facilities that have been discussed will either be built by the developer or built by the city. If the city builds it, then the forty (40) cent fee will be collected and if the developer builds it then the monies will be reimbursed for the time between now and the project's completion. Also the motion to negotiate with the developers of Zone 5 to construct the recreational facilities. Commissioner Welshons second. Phil Carter repeats the second motion of the commission is to ask the City Council to direct staff to go back and work with the developers of Zone 5 and to took at the possibility of them developing th^facll ities. He needs clarification. Clarification given. Commissioner Donovan requests clarification as to what parameters of the negotiation are to be put on the staff and developers. She requests that Commissioner Popovich repeat his motion. Commissioner Popovich motions that commission recommends to City Council to direct staff to negotiate with the developers of Zone 5 to construct the recreational facilities and that they negotiations that are arrived at by the staff and developers be brought back to the Parks & Recreation Department for approval . Commissioner Welshons seconds with the motion with the understanding that the commission will advise to the City Council. Commissioner Donovan calls for the vote. The motion was unanimously approved. MINUTES r Page 17 November 2, 1987 COMMISSIONERS There was some discussion by the council members as to whether or not the proposal will be brought back to the Parks & Recreation Department. Also verification of the forty (40) cent fee was needed as it was not understood whether or not it was included in the motion. Bradstreet reads from his staff report that the proposal will be brought back after analysis to the Parks & Recreation Commission and the City Council for final approval. In the meantime, it is recommend that the forty (40) cent fee be imposed. If the City Council and Commission approves the upfront development alternative then the collected fees will be refunded. If there is no agreement, the fee shall remain and be reviewed on an annual basis to insure that there is sufficient funds thera for development thru build out. SCRIBE REPORT Commissioner Donovan requests Commissioner lawson read from his report. He reads that there was a motion made that the staff recommendation of a forty (40) cent fee with an annual basis. Pass 6-0. An in lieu fee basis proposal failed 2-4. It was indicated that it would add to much confusion to the negotiations of this fee structure. Motion to negotiate with developers of Zone 5 to construct recreational facilities and negotiations be brought sack to Parks *, R«creationCommission for review and advisement to ,-Cg<ncil . Pass 6-0. Commissioner VRffhons requests that to be included in Commission*P^t«wson's report that the commission was just following th« recommendation of the staff. Because the staff report implies that the forty (40) cent fee would be reimbursed. The staff report expounds much more on the fee. Commissioner welshons wants it stated "after much discussion and deliberation, the above motions were made to pass These followed staff recommendations and sub- committee recommendations, for further or more detailed explanation see the attached." Commissioner Castner recommends that the Council order the CIP to be reworked. The $7 million for Macario Canyon be moved forward as far as possible in order the for the golf course to be built. Commissioner Lawson seconds. Commissioner Dalhquist needs' clarification on the motion. Commissioner Castner also indicates if the county land be used if at all possible. It is indicated through the survey that a golf course is desired. MINUTES Page 18 November 2, 1987 'COMMISSIONERS David Bradstreet indicates that the Finance director should be invited to the next commission meeting to outline the CIP the public facility fee and the pluses and minuses of relocating projects that have been approved by the City Council last Tuesday . He indicates that none of the projects are finalized and can be relocated but the projects for this year have been set. It can be analyzed and found out through the Finance Director of what funds can be used and the final cost. Commissioner Donovan asks of Commissioner Castner if his recommendation can be tabled until the Finance Director's input can be analyzed at the next meeting. Commissioner' Popovich indicates that the recommendation is within the staff report. There is room in Macario Canyon for a golf course. Commissioner Donovan indicates that this is not a major item in this meeting. Commissioner Popovich indicates that since it concerns Macario Canyon it should be addressed. Because it is city land it needs to be addressed. Commissioner Castner agrees to delay the motion. Commissioner Lawson states as a direction to staff that when reviewing and negotiating with developers on sites that distance and convenience to the workers be strongly considered. ADJOURNMENT By proper »ot|j||||>;the Meeting of November 2, 1987, was adjournHBp^ Respectfully submitted, Angela Cole Minutes Clerk —