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HomeMy WebLinkAbout2008-05-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 22, 2008 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilman Jim Ferguson Councilmember Cindy Finerty Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attomey Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Bo Chen, City Engineer Russell Grance, Director of Building & Safety Pat Conlon, Director of Energy Management Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Richard Twedt, Public Arts Manager Gary Rosenblum, Risk Manager Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 73-425 El Paseo, Palm Desert (El Paseo Village), (APNs 627-252-004, -005 & 627-261-006) Negotiating Parties: Agency: Carlos L. Ortega/ Ryan Stendell/ City of Palm Desert Property Owner: Robert Perlmutter c/o Davis Street Land Company Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title of Position: City Attorney With City Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Robert A. Spiegel VII. INVOCATION - Mayor Jean M. Benson 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 VII1. ORAL COMMUNICATIONS - B MR. ALAN T. WOODRUFF, President of the Desert Cities Track Club, addressed the Council regarding the Turkey Trot on El Paseo. He said the City had been kind, in the past nine years, for granting them a permit for this race on El Paseo. In those nine years, the event had zero accidents, zero fatalities, zero mishaps, with no vehicles on the course; the race had a spotless record. However, this year he's been dealing with the City's Recreation Department, which had stonewalled his efforts, and he believed there was a mean -spirited agenda to cancel this race after he had been given approval by the El Paseo Merchants Association. He said he's worked throughout Southern California with many cities and many city councilmembers, and in his entire professional career as a race director had never been treated in this context. He said a report was given to him at a meeting by the Recreation Department that was filled with ludicrous lies and miscalculations. He believed the race had a perfect record and would have no problem moving the race, but he didn't want the event slandered by the Recreation Department, because it would be an injustice to the people in the Coachella Valley. He said the race placed thousands of people on El Paseo, promoted business for the merchants, and he had abided by all the rules imposed. And now in his tenth year of the race, he was given an ultimatum of having to provide a policeman at every intersection, which could bankrupt the race itself. On June 2, 2008, the Club would be providing their 20th scholarship for two athletes; a $1,000 a piece. He said the race benefitted Desert Cities Track Club, but it was also a great race for the residents of Palm Desert because third and fourth generations participated in the Turkey Trot on Thanksgiving morning. He reiterated that he worked with the cities of Irvine, San Diego, and many other cities in Southern Califomia to promote races, but he's never run across a group that was so mean -spirited. He was sorry he had to address the Council on this matter, but it was the last front that needed to be informed the race would be moved, but it was not by his doing. He was perplexed, not because he had to move the race, but because he didn't want it slandered by someone who's never attended one. Mayor Benson asked if he wish to leave the letter with Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 MR. WOODRUFF responded he'd rather keep his only copy, in case he needed to use it. Responding to question about the author of the letter, he said it was Pat Scully. He went on to say the reason his race was not being permitted this year was because he used the wrong colored cones. In the past he used green cones instead of orange ones because he didn't want El Paseo to look like a construction zone. He reiterated his event never had an accident or mishap. Mayor Benson stated Council would look into it. MRS. RITA SEGAR, stated she and her husband were homeowners at Villa Portofino for 21/2 years, and she was representing others from Villa Portofino who were present this evening: She said she once lived in Carmel and was used to dealing with city councils. She said her husband was an Architect, and she was an Interior Designer; they had remodeled nine homes and built two. In their experience with this type of business, they had never run across a situation where a permit was given to a developer and then taken away because a neighbor complained. She felt the complaint filed had no basis, and it was jeopardizing the value of their homes, the outcome of what will be developed on the empty land, delaying phase two, and prolonging the uncertainty of the situation. She said Villa Portofino was the best development they had seen in the area or anywhere else. She requested the permit be reinstated so that the development could be finished. She said there would always be someone that complained, but complaints were usually fear -based, and trusted Council would do the right thing. DR. JOSEPH KING stated when he and Dr. Arthur Tate met with Mayor Benson and Mr. Ortega back in February, he was led to believe that if the developer put up a wall on the Portola side and landscaped it, consideration for a new permit would be given. He encouraged the City Council to go out to Villa Portofino and view the beautiful development and its architecture. He noted the Police Department followed up on a robbery last Sunday night, and someone in the City indicated the property belonged to Mrs. La Melza, which was incorrect information. Mrs. La Melza had not been on that land for two years; he thought the City should have already been aware of that fact. Mr. Erwin stated residents from Casa Blanca had previously addressed the Council because of the blowing dust. It caused the City to look at the grading permit that had been issued in 1999 with regard to the area between the existing development and Casa Blanca. The City's Engineering Department determined an error had been made in the elevations of those pads. He said there was 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 currently an ongoing discussion between the City Engineer and the developer's engineer as to the height of those pads, which was the item holding up any further activity. Responding to question, he said a staff report with an update could be provided to Council at the next meeting, but he believed the grading situation may be resolved. Further responding to question about the wall that was to be built along Portola Avenue, he said that wall was proposed assuming this developer could get permission from the owners. He reminded Council that the developer of this project sold the easterly 13 acres to someone else, and technically the developer had no ability to go onto that property; those parties were currently in litigation. He said Villa Portofino wished to have the permit issued for phase two and be able to obtain permission to build the wall along Portola Avenue. MRS. SEGAR stated the grading permit was issued in 2005 for phase two; she saw the permit herself when she met with the developer. Mr. Erwin responded the grading permit was an old permit from 1999, and he had the plans. MRS. SEGAR stated there seemed to be communication problems between the engineers, attorney, etc. She said the developer spent six months obtaining a loan, and it was not an open-ended one, so the developer was asking for immediate attention to this matter in order to proceed. Mr. Erwin responded he met with three different attorneys for the developer last week, who had finally provided the sewer plans to the City, after they had been requested for several weeks. Mayor Benson noted this item would be on the next City Council agenda. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 8, 2008. Rec: Approve as presented. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 239, 240, 245, 249, 250. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fisherman's Market & Grill, 44-250 Town Center Way, Suite C2, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Longs Drugs, 74-527 Highway 111, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of April 1, 2008. 2. Youth Committee Meeting of April 7, 2008. Rec: Receive and file. F. RESIGNATION from Amanda Caudill — Youth Committee. Rec: Receive with very sincere regret. G. RESIGNATION from Gurtej (Gary) Gill — Youth Committee. Rec: Receive with very sincere regret. H. RESIGNATION from Ryan O'Connell — Youth Committee. Rec: Receive with very sincere regret. I. REQUEST FOR AWARD OF CONTRACT for the Annual Fall 2008 and Spring 2009 Color Flowering Plants for the El Paseo Medians and Civic Center Park (Contract No. C27460, Project No. 930-08). Rec: By Minute Motion, award the subject contract for Annual Fall 2008 and Spring 2009 Color to Arakawa Nursery, Inc., Corona, California, in the amount of $14,961.34 — funds are available in Account Nos. 110-4610-453-2190 and 110-4614-453-3370. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25030A — Landscape Improvements on Country Club Drive Medians from Monterey Avenue to Portola Avenue (Project No. 934-06) (Park West Landscape, Inc., Corona, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25550 — Construction of the Fred Waring Drive Widening Phase II Project — California Avenue to Washington Street (Project No. 655-01) (Granite Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR AUTHORIZATION to Release Performance Bond and Accept Maintenance Bond for Parcel Map No. 34843 (Pacific Pointe Partners, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Performance Bond for Parcel Map No. 34843 and accept a Maintenance Bond in its place. M. REQUEST FOR AUTHORIZATION to Accept Agreements for Sidewalk Maintenance and Drywell Maintenance for The Colonnade Project Located at 73-399 El Paseo and Lupine Lane (Desert El Paseo, LP, and Harkham Family Enterprises, LP, Applicants). Rec: By Minute Motion: 1) Accept Maintenance Agreements between Desert El Paseo, LP, Harkham Family Enterprises, LP, and the City of Palm Desert for sidewalk and catch basin/drywell maintenance for The Colonnade Project; 2) authorize the City Manager to execute said Agreements. N. CONSIDERATION of Request from the Palm Desert Sister Cities Foundation to Serve Alcohol at a Reception Being Held at the Palm Desert Visitor Center on June 16, 2008. Rec: By Minute Motion, approve the request from the Palm Desert Sister Cities Foundation to serve alcohol at the Palm Desert Visitor Center for a reception on June 16, 2008. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 O. REQUEST FOR APPROVAL of Fireworks Display Contract No. C27710 for the 2008 Independence Day Celebration. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. P INFORMATIONAL REPORT on Media Placements and Public Relations Activities Provided by Nancy J. Friedman Public Relations. Rec: Receive and file. Councilman Ferguson requested Item 0 be removed fo'r separate discussion under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Upon motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER O. REQUEST FOR APPROVAL of Fireworks Display Contract No. C27710 for the 2008 Independence Day Celebration. Councilman Ferguson stated he couldn't understand why the City of Indian Wells consistently refused to participate in an event where almost 100,000 people participated, unlike the City of Rancho Mirage, which participated every year in Palm Desert's firework display. He understood Palm Desert bore the main share of the cost, and it was happy to do so, but he knew the City of Indian Wells and its councilmembers were generous. He requested staff forward his comments to the Mayor of Indian Wells for consideration. Councilman Ferguson moved to, by Minute Motion: 1) Approve the subject contract in the amount of $35,148 ($7,500 will be paid by the City of Rancho Mirage) with Pyro-Spectaculars by Souza, Rialto, California, for professional staff and pyrotechnic supplies and services for the annual Independence Day Celebration scheduled to be held on July 4, 2008; 2) authorize the Mayor to execute said contract - funds have been budgeted in Account No. 110-4416-414-3061; 3) staff directed to contact the Mayor of Indian Wells for consideration of financial participation to the Annual Independence Day Celebration. Motion was seconded by Spiegel and carried by a 5-0 vote. Mayor Benson stated originally the City of Indian Wells contributed for a few years, but then they suddenly stopped. She said they could be invited again to see if they had enough community spirit to participate. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 XII. RESOLUTIONS A. RESOLUTION NO. 08-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2008-2009. Councilman Ferguson moved to waive further reading and adopt Resolution No. 08-32. Motion was seconded by Finerty and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1155 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM S.I. (SERVICE INDUSTRIAL DISTRICT) TO P (PUBLIC INSTITUTION) FOR THE PROPERTY LOCATED AT 75-515 HOVLEY LANE EAST Case No. C/Z 07-01 (WLC Architects, Inc., Applicant). Councilman Kelly moved to waive further reading and adopt Ordinance No. 1155. Motion was seconded by Finerty and carried by a 5-0 vote. XIV. NEW BUSINESS A. APPOINTMENT OF A REPRESENTATIVE TO THE TRAILS MANAGEMENT SUBCOMMITTEE FOR THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (CVMSHCP). Councilmember Finerty suggested Mr. Buford Crites be considered for this position because he's been involved with trails throughout the Coachella Valley. Most recently at the National Monument where they just published a map for the Santa Rosa/San Jacinto mountain trails. She said he's done an exemplary job in staking out future trails and was involved with the connection of the trail heads like Hopalong Cassidy and others in the City. Additionally, he was involved with all the groups that needed to be brought into this process through Coachella Valley Association of Governments (CVAG). 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 Mayor Pro Tem Spiegel recommend Mr. A. PhiII Babcock, who currently served on the Parks & Recreation Commission; he was recommended to the City Council by the Parks & Recreation Commission. Councilman Kelly stated he thought it was important for the City to have representation from its Parks & Recreation Commission on the Trails Management Subcommittee because it was responsible for providing recommendations to the City Council, and he thought the Council needed to have that connection. Mayor Benson noted there were two recommendations. Councilman Ferguson asked if the City had other appointments filled by recommendations made by its Committees and Commissions; he wasn't aware of ever asking a committee or commission to make a recommendation to the Council. Mayor Pro Tem Spiegel clarified the Parks & Recreation Commission didn't make an appointment, but a recommendation. He presented the matter to the Parks & Recreation Commission, and the Commission recommended Mr. Babcock because he was familiar with the trails and rode his bicycle all over town; Mr. Babcock enthusiastically agreed to accept the position if appointed. Councilmember Finerty moved to, by Minute Motion, appoint Buford Crites as the City of Palm Desert's representative to the Trails Management Subcommittee for the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). Motion was seconded by Benson, and the motion failed on a 2-3 vote, with Ferguson, Kelly, and Spiegel voting NO. Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint A. Phill Babcock as the City of Palm Desert's representative to the Trails Management Subcommittee for the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT, KEMPER SPORTS MANAGEMENT, INC., AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION TO OPERATE AND MANAGE THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C27680). Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the Management Agreement between the City of Palm Desert, Kemper Sports Management, Inc., and the Palm Desert Recreational Facilities Corporation to operate and manage the Desert Willow Golf Resort. Motion was seconded by Kelly. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 MS. BARBARA deBOOM, President/CEO, Palm Desert Chamber of Commerce, stated she was in favor of Kemper Sports continuing at Desert Willow because of the great service they provided to the Chamber of Commerce. She said the previous evening, they did a fabulous job with their after -hour mixer held at Desert Willow for approximately 200 people. MS. AIMEE SCHRUMPF, Executive Director of Desert Contractor's Association, expressed support of Kemper Sports' contract being extended. She said for eight years their annual fund-raising golf tournament was held at Desert Willow; it was the largest golf tournament in Southern California that was non-professional and highly sought after. She said they will continue to use Desert Willow because of its beautiful course and exceptional staff. MR. MARK TALBOYS, Program Coordinator for Palm Desert Sister Cities Foundation, stated he was representing the Foundation, and they were in support of Kemper Sports retaining their contract. He said their golf tournament was held at Desert Willow since the beginning of time, including a number of other events. He said the success of Kemper Sports was attributed to the management and staff at Desert Willow. MS. KAREN RINBERG, Palm Desert, stated she's played golf at Desert Willow for more than three years, and the facility was kept like it was a private club; those that played there thought it was a fabulous place and wished to keep it that way. MS. KRISTINA SIEGERT stated she was a resident of Palm Desert for more than 15 years and loved playing golf at Desert Willow; she said the staff was fabulous. She had heard a rumor of a possible rate increase for golfing, and she was against it; she went golfing whenever possible during the season and hoped it wouldn't be an issue down the road because it was a nice benefit for the residents. MS. EUCA BURROWS, Director of the Desert Heart Gala with the American Heart Association, stated she experienced working with the team at Desert Willow on social events and encouraged the Council to extend the contract with Kemper Sports. Prior to coming to the Coachella Valley, she was an event planner for 15 years in Northern California, and Desert Willow was one of the nicest sites she'd seen. She dealt with Kemper Sports Management in her previous employment with Classic Public Rentals for three years, and she felt comfortable bringing the American Heart Association events and meetings to Desert Willow. She said the staff was very detailed, the food was good quality, and events were very professional. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 MS. MARSHA YOUSEF, Manager of the Surgical Weight Loss Program at Desert Regional Medical Center, stated her bi-monthly seminars were held at Desert Willow this past year; staff was always professional, and service was outstanding. She said she's held seminars all over Southern Califomia, and the quality and presentation of the food was better than any other place. She said the staff at Desert Willow went out of their way to make the experience for her and her patients the best possible. On a personal note, her family loved the different events attended at Desert Willow and have only experienced first-rate service, professionalism, and quality. She encouraged the Council to keep the same management. MR. HARRY SCHNEIDER JR., D.D.S., stated he was a resident of Palm Desert since 1986. He said he played golf at Desert Willow every Sunday with a group of four, and they are always greeted very courteously. He said the staff was awesome, and the Head Pro was excellent. He was also the Desert Christian Golf Coach, and he and his made arrangements to hold their finals at Desert Willow; the service in the cart barn and food area was excellent. He encouraged the Council to continue with Kemper Sports. Councilman Kelly stated he kept abreast with what was happening in the golfing community and was involved in a private club. He said all the golf courses in the Coachella Valley were struggling except Desert Willow. Everywhere he went, he heard outstanding comments about Desert Willow. He said Desert Willow was one of the real jewels of the community. When the City first contracted with Kemper Sports, they were told the City wanted its citizens to have a place to go where they'd be treated better than if they were members of a private country club. He felt Kemper Sports had done a fantastic job of providing exactly the type of service the City requested. Residents are able to take their out-of-town guests out to lunch at Desert Willow, and it's like having their own private club. He said every other municipal course was losing money, but Kemper Sports was actually generating money for the City. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. C. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS AND FOR PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR THE CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2008-2009. Councilmember Finerty stated she owned property in the area and would not be voting on this item and left the Council Chamber. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 Mayor Pro Tem Spiegel asked if any of the districts could be converted to homeowner associations. Associate Planner Ryan Stendell responded he would be happy to explore whatever the Council wished. Mayor Pro Tem Spiegel stated the City ran into problems with assessment districts because changes had to be voted on. When a development isn't maintained by a HOA, the City could send out Code Enforcement to have them comply because the HOA was responsible. However, with assessment districts, the City was responsible, and if residents didn't pay their fees, the City ran into problems. Mr. Stendell noted there were five assessment districts identified as severely underfunded, which was one of the City's biggest problems. Over the next several months, City staff and the Muni Financial team would be going out to re -ballot those severely underfunded districts in attempts to collect more money; however, the City was subject to the balloting responses. With regards to the directive about converting some of the districts into HOA's, he agreed to look into the possibility. Councilman Ferguson stated it was an added expense to the City to establish an assessment district and make the improvements, which made homeowners happy. However, when expenses went up, and the cost of living went up, the City needed to increase the assessment in order to maintain the standard of the aesthetics, but homeowners didn't want to pay. Not long ago, the City allowed some of those severely underfunded districts to collapse and revert back to the homeowners control without a HOA; it created big arguments about who was going to pull the weeds and make the improvements. He agreed with Mayor Pro Tem Spiegel, that it was preferable to allow a HOA pick their standard and level of maintenance for their area. When considering the following two items on the Agenda regarding assessment districts, it was a no -win situation and long-standing problem for the City. Mayor Pro Tem Spiegel said it was more expensive to the residents if the City was responsible than if they hired their own help, because they wouldn't have to pay a lot of fees. He said the residents needed to be convinced that it was cheaper for their development to be under a HOA. Responding to the comment about continuing this item, Mr. Stendell asked for Council's indulgence to look into the matter and provide an informational item at the next meeting regarding HOA's. However, for the Palm Desert Consolidated Landscaping and Lighting District, the City was on a time frame, and he didn't know what implications may be involved; a 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 representative from Muni Financial was present this evening that could answer that question. He said without taking action to initiate the proceedings and start collecting the levy, the City couldn't collect the money for the new budget. Mr. Croy clarified these were existing Landscaping Lighting Districts, and in order to collect fees, the City needed to continue with the vote and the process. It was too late to make changes for this year, but if Council wished for staff to look into HOA's for the succeeding year, staff could do that. Responding to question regarding those who refused to pay the assessment, he said there were only a few with shortages, and staff will be asking for a re -ballot on those districts, but it didn't impact the majority of the districts. Councilman Kelly stated this was a case where everyone agreed HOA's were referred, but the existing districts needed to be approved in order to move ahead. In the meantime, Council could continue to work on the problem, although it had been working on the problem for years. Councilman Kelly moved to waive further reading and adopt: 1) Resolution No. 08-33, initiating proceedings forthe levy and collection of annual assessments forthe Palm Desert Consolidated Landscape and Lighting District for Fiscal Year 2008-2009; 2) Resolution No. 08-34, declaring the intent to levy and collect annual assessments for the Palm Desert Consolidated Landscape and Lighting District, and granting preliminary approval of the Engineer's Report for Fiscal Year 2008-2009. Mayor Pro Tem Spiegel agreed Council needed to move forward, but he believed the same question would be asked next year. He said something needed to get started about developing homeowner associations, or it will never happen. Mayor Pro Tem Spiegel seconded the motion, with staff directed to begin working towards developing homeowner association districts for the following year. Responding to question, Mr. Stendell said the subject assessment was a consolidated landscape that included 35 different assessment districts throughout the City. Councilman Ferguson said he wished to underscore Mayor Pro Tem Spiegel's point that the same comments were made every year and nothing ever happened. Mayor Benson said many of the assessment districts were contacted, and they didn't want a HOA, but there might be new ones that hadn't been contacted. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 Councilman Kelly stated most of the districts will pass with the people paying their fees, and they will be taken care of. The City could then deal with the one's that didn't pass, but this was the first step the City needed to take in order to find out where to begin. Mr. Stendell explained that out of the 35 assessment districts, the majority of the them worked fine, fees were paid, and people were happy with the level of service from the City; it was the few that didn't pay that were the biggest problem. Councilman Ferguson asked if the greenbelt along Haystack Road also part of the assessment districts included in this item. Mr. Croy responded it was. Responding to Councilman Ferguson's question regarding his potential for conflict of interest, Mr. Erwin replied he didn't know if Councilman Ferguson's property was part of the assessment district and if he was assessed. Councilman Ferguson responded he was assessed, but initially thought this assessment was for a pool. He noted his bill was paid every time it went up. He recuse himself from voting on this item and left the Chamber. Mayor Benson called for the vote, and it carried by a 3-0 vote, with Ferguson and Finerty ABSENT. D. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS FOR THE PROPOSED IMPROVEMENT CHANGE AND INCREASE IN ASSESSMENT FOR THE "SANDCASTLES" LANDSCAPING AND LIGHTING DISTRICT. Mr. Stendell stated this item was an existing district within the Consolidated Landscaping and Lighting District that Council voted on in the previous item of this agenda. Currently, the City was maintaining the lighting and landscape greenbelt along Carlotta Drive, which needed to be upgraded. Approval of this item will allow the City to collect more money to maintain the district at the level required by the City. Please see previous item for related discussion. Mayor Pro Tem Spiegel moved to waive further reading and adopt: 1) Resolution No. 08-35, initiating proceedings for a proposed new or increased assessment for Zone 05 - Sandcastles of the Palm Desert Consolidated Landscaping and Lighting District, commencing with Fiscal Year 2008-2009; 2) Resolution No. 08-36, declaring its intention to add landscape improvements to Zone 05 - Sandcastles of the Palm Desert Consolidated Landscaping and Lighting District, and declaring its intention to conduct property owner balloting on the matter of new or increased assessment related thereto, commencing with 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 Fiscal Year 2008-2009. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Ferguson ABSTAINING. E. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS FOR FORMATION OF THE "SILVER SPUR RANCH" LANDSCAPING AND LIGHTING DISTRICT. Associate Planner Ryan Stendell stated Silver Spur Ranch dissolved their homeowner's association and asked that the City consider formation of a new assessment district. Councilman Ferguson recalled being asked two years ago when he was the Mayor, if the City would take over the maintenance of the roads and medians within Silver Spur because it was too expensive to maintain. He didn't think the City would consider it because it had just gone through an undergrounding assessment district for all of its utilities; it raised the property value and beautified the whole neighborhood. He understood it was expensive, but Silver Spur had a HOA mechanism in place, and it had tremendous property value, thanks to the City's undergrounding program established ten years prior. He was not in favor of placing the City in the very situation it was currently complaining about. Councilman Ferguson moved to, by Minute Motion, deny recommendations. Motion was seconded by Kelly and carried by a 5-0 vote. F. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS FOR FORMATION OF THE "PRESIDENTS PLAZA I" PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Mr. Stendell noted this district was different than the three previously considered. He said the Business Improvement District (BID) covered Presidents Plaza I from Portola Avenue to Larkspur Lane, and down by El Paseo and Highway 111 for maintenance of all the lighting, landscaping, and parking lot. The BID assesses each property owner on the tax rolls every year, and approval of this item would initiate the proceedings. Every five years, the districts need to be re-formed, and this was the year for it to be done, so the City will go through the formal balloting process with all the property owners within the BID. Mayor Pro Tem Spiegel moved to waive further reading and adopt: 1) Resolution No. 08-39, initiating proceedings for formation of the Presidents Plaza I Property and Business Improvement District, and the levy and collection of assessments, pursuant to the provisions of Part 7 of Division 18 of the Califomia Streets and Highways Code, for Fiscal Year 2008-2009; 2) Resolution No. 08-40, describing proposed improvements and services and approving the Management District Plan, and preliminarily approving the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 Engineer's Report regarding proposed formation/renewal of the Presidents Plaza I Business Improvement District, pursuant to the provisions of Part 7 of Division 18 of the California Streets and Highways Code, for Fiscal Year2008-2009; 3) Resolution No. 08-41, declaring the City's intention to form the Presidents Plaza I Business Improvement District and to levy and collect assessments therein, and calling for an Assessment Ballot Proceeding to submit to the qualified property owners within such district the question of levying assessments for such district, commencing Fiscal Year 2008-2009. Motion was seconded by Ferguson. Councilman Kelly stated this parking lot was maintained by the City and reimbursed by the BID. He asked if improvements would be made to bring it up to par because it was the worse parking lot in the whole City; it was dangerous, looked bad, and it was run down with no planting of trees. He said a developer wouldn't be allowed to have a parking lot look as bad as this one Mr. Stendell explained that these district went for five-year cycles, and in previous cycles, there was no money in the BID for any actual upgrades, repairs, or routine slurry sealing and striping. At this point, since the BID had to be re-formed, it was an opportunity for the City to get money in the fund. As mentioned in the staff report, new dollars were included to assist with the improvements to the parking lot. Further responding, Mr. Stendell confirmed staff was intending to improve the parking lot. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. G. REQUEST FOR DIRECTION REGARDING THE UNDERGROUNDING OF UTILITIES ALONG THE EAST SIDE OF PORTOLA AVENUE BETWEEN FRED WARING DRIVE AND DESERT STAR BOULEVARD AND AWARD OF CONTRACT NO. C27690 TO DAVID EVANS AND ASSOCIATES FOR DESIGN OF THE SIDEWALK AND AESTHETIC IMPROVEMENTS ON NORTHBOUND PORTOLA AVENUE BETWEEN FRED WARING DRIVE AND DESERT STAR BOULEVARD (PROJECT NO. 633-07). Councilman Ferguson questioned why the scope of work stopped short of Rutledge Way. He understood the project consisted of a section without overhead utilities, to a block with overhead utilities, and then again another section without overhead utilities down to Fred Waring. Ms. Salas agreed, but stated there were overhead utilities north of Magnesia Falls. Further responding about what would be required to include the additional block, she said there would be additional design cost. Councilman Kelly said he thought the project was being underground from Fred Waring Drive to Rutledge Way. He said when the subcommittee 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 worked on this project, it included the whole thing, and he couldn't imagine leaving a piece out. Ms. Salas replied it could certainly be included. Councilman Kelly moved to, by Minute Motion: 1) Direct staff to underground the utilities along the east side of Portola Avenue between Fred Waring Drive and Desert Star Boulevard; 2) award Contract No. C27690 to David Evans and Associates, Riverside, California, in the amount of $63,880 for the design of the sidewalk and aesthetic improvements on northbound Portola Avenue between Fred Waring Drive and Desert Star Boulevard; 3) authorize the Mayor to execute same; 4) Staff was further directed to expand the scope of work from Fred Waring Drive to Rutledge Way, and return to Council for final approval. Motion was seconded by Ferguson and carried by a 5-0 Vote. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT AND REVISED RESOLUTION FOR THE SAKS FIFTH AVENUE EXPANSION AND THE EL PASEO VILLAGE REMODEL— SUBJECT PROPERTIES ARE LOCATED 73-425 THROUGH 73-545 EL PASEO (APNs 627-252-004/005 and 627-261-006) Case Nos. PP 07-10, CUP 07-18, DA 07-03, and DA 07-04 (Davis Street Land Company, Applicant) (Continued from the meetings of April 24, and May 8, 2008). Councilman Ferguson said he was reminded by Councilman Kelly that a motion did not preclude discussion and moved to approve staffs recommendation with an Amendment that the City would also consider using funds from the Facade Enhancement Program (FEP), in addition to the other sources already identified. Councilman Ferguson moved to, by Minute Motion: 1) Adopt the findings to approve Case Nos. DA 07-03 and DA 07-04; 2) waive further reading and pass Ordinance No. 1156, to second reading; 3) waive further reading and adopt Resolution No. 08-42, approving Case Nos. PP 07-10 and CUP 07-18, as revised; 4) by Minute Motion appropriate $750,000 from Unobligated General Fund for payment of public parking easement; 5) Recommendations are subject to Modification of Condition No. 5 of the Development Agreement to reflect the Facade Enhancement Program as one of the sources identified to provide the assistance requested. Motion was seconded by Spiegel. Councilmember Finerty stated whether or not it was Facade Enhancement monies, spending $750,000 for a parking easement was too much money in lean times. She said it appeared the budget was very tight going into the next fiscal year and would prefer that Davis Street Land Company did their best 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 to produce a "Green" Building, rather then having the City spend $750,000 for it, and for that reason she would vote against. Councilman Ferguson stated he respected Councilmember Finerty's comments but disagreed with her on this matter. He said every building built in the City of any magnitude was LEED Certified, and not just "Green" certified. He said green could mean anything today, but a LEED Certified Building was an environmentally sensitive design. The Visitor's Center was the first, the Henderson Community Center was the second, the Riverside County Sheriff's Department had committed to building their new station LEED Certification, the California State University San Bernardino, Health & Science Building will be LEED Certified, and he believed the Saks expansion would have been LEED Certified, had it been timely requested of them early on in the process, which he believed was an omission on the City's part. Finally, the estimated revenues to the City from this development alone, besides just getting rid of an older development and building new shops, far exceeded the amount being requested for the LEED Certification compliance, which will pay for itself in its first year. He said the project will also beautify the street, and he thought it was a worthwhile investment. Mayor Benson stated she was in favor of remodeling that block and thought the whole program fit into the facade enhancement. She said other shopping centers around town needed to be done as well. She said as long as the funds came out of the FEP for this project, she didn't have any objections. Councilmember Finerty noted the proposed Development Agreement did not indicate the funds would come out of the FEP. Councilman Ferguson stated the Development Agreement would have to reflect the Amendment before it could be signed by the Mayor. Mayor Benson asked if the Development Agreement needed to be brought back to Council for approval. Councilman Ferguson responded Council could approve the project, subject to the addition of the Facade Enhancement Program. Mr. Erwin noted Condition No. 5 of the Development Agreement would be modified to reflect the motion. Mayor Benson called for the vote, and the motion carried by a 4-1 vote, with Finerty voting NO. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 XVI. OLD BUSINESS A. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Mayor Pro TemNice Chairman Spiegel moved to, by Minute Motion, receive and file the Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority Strategic Objectives. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT. B. REQUEST FOR APPROVAL OF AMENDMENT NO. 4 TO THE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF INDIAN WELLS, CITY OF PALM DESERT, AND THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) RELATED TO THE FRED WARING DRIVE WIDENING FROM CALIFORNIA AVENUE TO WASHINGTON STREET (CONTRACT NO. C20810). Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the Mayor to execute Amendment No. 4 to the Reimbursement Agreement between the City of Indian Wells, City of Palm Desert, and CVAG related to the Fred Waring Drive Widening from Califomia Avenue to Washington Street. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A REQUEST BY OAKMONT SENIOR LIVING, LLC, WHICH CONSISTS OF A CONDITIONAL USE PERMIT AND A PROPOSED PRECISE PLAN TO CONSTRUCT 121 SENIOR COMMUNITY CARE AND HEALTHCARE UNITS WITH DECORATIVE ARCHITECTURAL ELEMENTS UP TO 34 FEET - 11 INCHES TALL ON 8.63 ACRES LOCATED ON THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE (73-050 COUNTRY CLUB DRIVE); A MITIGATED NEGATIVE DECLARATION RESULTING FROM AN ENVIRONMENTAL ASSESSMENT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) HAS BEEN PREPARED FOR THE PROPOSED PROJECT Case Nos. CUP 07-17 and PP 07-15 (The Robert L. Mayer Trust of 1982 and Oakmont Senior Living, LLC, Applicants). Associate Planner Renee Schrader, stated this project was 8.63 acres located on the comer of Monterey Avenue and Country Club Drive. The Applicant proposed 117 units in the main building and four single -story 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 casitas on the ground floor for a total of 121 units. She said the renderings illustrated some of the project's exterior amenities for recreational living that included a putting green and pool with a lanai. The main entrance is from Via Scena, which circled around to the underground parking that could be viewed from Country Club Drive. She pointed out the location of the emergency access that egressed onto Monterey Avenue, to be used for emergency purposes only; the location of the 96 underground parking spaces, and the 61 surface parking spaces for guests and employees; and illustrated the perimeter soundwall, wrought iron wall, gated entrance, and elevations. She noted residents of Merano were quite involved in the development of the design and expressed their strong desire to minimize the trees that would be planted along the adjoining wall. She illustrated the site plan, which showed all the height elements above 24 feet. She explained that the height limit for multi -family residential was 22 feet for a flat roof and 24 feet for a pitched roof; the proposed building height was predominantly 24 feet. She said decorative towers or elements were allowed up to 10% of the building area and could potentially go up to 49 feet; the highest element for this project was 34' 11". She concluded her presentation by displaying various views of the project from the perspective of a pedestrian walking about the building. Responding to question about the casitas, she said there were four separate detached casitas with garage, located in the northern corner area of the project closest to the residential development to the north. She reiterated that Merano HOA had worked closely with the designers of the project, and the president of Merano HOA was present to speak in favor of the project. Mayor Pro Tem Spiegel asked if the parking was adequate. Ms. Schrader responded staff felt it was more than adequately parked per Code, because the Applicant allowed 68 parking spaces for both guest and employees. Responding to question about the height of the cupola, Ms. Schrader explained the element Mayor Benson was referring to was the entrance piece. Further responding, she said the height of the entrance element was 34' 11", and the predominate roof line was 24 feet; a 10 feet difference. Mayor Benson declared the public hearing open and invited public testimony in FAVOR OF or in OPPOSITION TO the subject project. MR. KOMRON SHAHHOSSEINI, with Oakmont Senior Living, Santa Rosa, CA, stated he was excited to bring their business to Palm Desert and fulfill the need for high -end quality license care. He thanked staff for their assistance in getting him through this process. He said taking on the significant cost for the underground parking was one of the aspects they 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 were most proud of because it decreased the hardscape and increased the landscape. They worked diligently with City staff as well as with RGA Landscape Architects of Ron Gregory & Associates, who was the local design team. They worked hard to beautify the project as much as possible, because their residents tend to spend a lot of time outside. In addition, the four single -story casitas, which he referred to as single -style homes, were included in the project because it tied everything together, and it gave the project a neighborhood feel. A professionally designed 9-hole putting course, along with a golf program, was included in the project to give it the Palm Desert lifestyle feel. He said they worked closely with Merano Homeowner's Association, and their concerns about foliage falling into the yard and into their pool were addressed; trees were removed and a 100-foot setback was added to the second -story building. Additionally, the height of the windows start at six feet with no living space looking into Merano residents yards. Lastly, the project will not have regular traffic access, which will cut down on noise. He said this was a unique project, and a unique addition to the City of Palm Desert. Councilmember Finerty asked if Oakmont was assisted living or independent care. Mr. Shahhosseini replied it was assisted living. Responding to question, Mr. Shahhosseini replied the building wasn't LEED Certified, but the project did incorporate elements of "Green Building." Councilmember Finerty asked if "Green Building" was in conformance with the Green Builders that the Business Industry Association (BIA) advocated. MR. SHAHHOSSEINI responded he wasn't sure, but he did used the "Build It Green" principles, which was developed in Alameda in one of his prior projects and agreed to use those standards for this project. He said he wasn't aware of any LEED Certification requirement, nor did he have any discussions about it thus far. Councilmember Finerty asked if any of the units would be affordable for seniors. MR. SHAHHOSSEINI said the subsidy from the City development would be too much, in terms of making the project work. He said being that it was a licensed -care facility, it would be difficult to include low-income units for the high -end quality facility he was trying to accomplish. Councilmember Finerty pointed out the area was currently zoned seven units per acre, and the project was 100% over that number. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 MR. SHAHHOSSEINI agreed, but stated that previously proposed and approved were 49 single-family homes. He said assuming there were three individuals per home, it added up to approximately 150 people, and Oakmont Senior Living projected topping out at 139. He said senior living residents were extremely quiet with basically no impact on schools, and low impact on traffic, and licensed -care facilities normally didn't fall under the usual density standards. Councilmember Finerty stated the extra parking led her to believe the facility was independent living. MR. SHAHHOSSEINI explained that with 20 years in the business and 30+ projects, they found that a lot of their residents moved in with one or two vehicles, and although they may not use them, they needed a place to park them; the facility will have assigned parking in the underground parking area. Councilman Ferguson stated the City was currently working on some type of rating system to assist Council with the LEED Certification, but he felt this project could qualify for LEED simply by complying with the existing Building, Water, and Energy Ordinances with potential to move up to a silver, gold, or platinum rating. He said "Green" could mean a lot of things, but this project had some natural accreditation and certification. The City currently did not have a policy on LEED Certification, which was probably why the Applicant wasn't aware of it. However, between the Water and Energy Ordinances, he believed the project could be certified and asked the Applicant if it was something that was obtainable. MR. SHAHHOSSEINI responded it may be obtainable using the "Build It Green" standards. Ms. Aylaian clarified the "Build It Green" Program was a national program for certifying buildings that were built sustainably, which was similar to LEED, but more applicable to a residential type construction project such as this one. LEED Certification lend itself better for commercial construction. Councilman Ferguson asked the Applicant if he would commit to the "Build It Green" Program if it became a condition of approval. MR. SHAHHOSSEINI said absolutely, and agreed to provide a copy of the standards they had used in a number of their projects. He said Mr. Allen Cohen, who was the architect for the project, was present and available to answer questions. MR. MICHAEL CARLY, President of Merano Homeowners Association, Palm Desert, CA, stated he's been the President of Merano HOA for about ten 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 years. He said the previous project that was considered for the subject location was a 49-unit complex by Robert Mayer Corporation that never came to fruition. He said Mr. Shahhosseini approached Merano HOA for their input and had been very obliging in the process. He also met with the Planning Department to share Merano HOA's concerns, which were briefly mentioned this evening regarding the trees and foliage. He said he learned the City imposed that Oakmont install a new drainage system in the existing retention basin currently used by Merano. He believed Oakmont would go ahead and put the basin in at their cost. He noted Merano HOA was currently in negotiation with Mr. Shahhosseini and Oakmont Senior Living to finalize a maintenance agreement regarding the responsibilities of maintaining the retention basin, the median on Via Scena, and the landscaping directly in front of Oakmont's property, as well as what existed there now. He requested that Council include the maintenance agreement as part of a Condition of Approval of the project because that was the main concern. He thanked Ms. Schrader, the Planning Department, and Mr. Shahhosseini for asking Merano HOA to work with them in meeting all parties objectives. As a resident of Merano, whose home backed up to the proposed project, he thought it was probably the best project presented for a location with high traffic volume from Monterey and Country Club Drive. He said Mr. Shahhosseini assured Merano HOA the gates would remain open during business hours to allow traffic to flow; drivers will be able to make a left turn off Via Scena to avoid having vehicles stack up, which could impede Merano homeowners from getting out of the development. He thanked the Council for the opportunity to speak and encouraged approval of the project. With no further public testimony offered, Mayor Benson declared the public hearing closed. Councilman Ferguson stated the subject corner location had a Tong -tortured history beginning with Walmart and others, yet nothing seemed to work. He recalled he and Mayor Benson once suggested small retail or medically related type of things, but it never seemed like a good use for a single-family residential where there are two major arterials. He thought this project was the perfect solution, and with the assurance to use the "Build It Green" standards, he supported the Application. Mayor Pro Tem Spiegel said he was in support of the project and thought it would be a good addition to the City. He asked the Applicant to continue to work with Merano HOA on the maintenance agreement. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-43, approving Case Nos. CUP 07-17 and PP 07-15, subject to conditions attached. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 Councilman Kelly stated this project was low impact, and it fit well at that location where there was a lot of traffic. Councilmember Finerty stated she wanted to make sure the motion included the "Build It Green" principles as a condition of approval, and that a maintenance agreement would be worked out with Merano HOA. Mayor Benson stated she's been through all the trials and tribulations of the previous projects proposed at this corner location, and it was certainly the best project presented. The main objective in past years was to get Retail Commercial, but the Council held fast until something appropriate presented itself that would not add traffic at that corner. She. appreciated that the Applicant worked with the homeowners to mitigate concerns early on in the project instead of at the end. Councilman Ferguson seconded the motion, as amended to incorporate the "Build It Green" principles, and include Condition of Approval for a Maintenance Agreement between Oakmont Senior Living, LLC, and Merano Homeowners Association. MR. SHAHHOSSEINI responded he had been working with Merano HOA on the maintenance agreement, which was currently with Merano's lawyer for the past 2 1/2 weeks. He said given that a maintenance agreement was an innate part of the process, and Oakmont couldn't use the retention basin without an agreement, it wasn't necessary to make it a condition. Further responding, he said making the maintenance agreement part of the conditions of approval, unbalanced the balance of power. He said if Merano HOA became unreasonable, which he didn't expect would happen, it could hold up the project and he wouldn't have a recourse. Councilmember Finerty said she sat through numerous public hearings with Merano HOA, and she found them willing to bend backwards with all the previous applicants that came before, and she doubted they would become unreasonable. She noted Merano HOA supported the project, and if everything mentioned by the Applicant was true, having the Maintenance Agreement as part of a Condition of Approval, should not impact the project at all and also provide the residents of Merano some assurance. Mayor Pro Tem Spiegel said if the matter became a major problem, the Applicant could always return to the Council. Councilman Ferguson concurred, and stated if any of the feared scenarios happened, the Applicant could return to Council and have the Condition dropped. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 MR. SHAHHOSSEINI said he wasn't trying to imply there was a problem because both parties had been working well together. Councilmember Finerty clarified that the motion included the conditions of the "Build It Green" program along with a Maintenance Agreement with Merano HOA. Mayor Pro Tem Spiegel agreed. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of Upcoming Study Sessions: Joint City Council/Parks & Recreation Commission Study Session, Thursday, May 29, 2008, 10:00 a.m.,-- Community/Recreation Center. Joint City Council/Redevelopment Agency/Housing Authority Study Session, Monday, June 2, 2008, 1:00 p.m.,-- Preliminary Fiscal Year 2008-2009 Budgets. Ms. Mendoza reminded Councilmembers of the two study sessions noted above. D. PUBLIC SAFETY o Fire Department None o Police Department None 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. LEED Certification - Councilman Ferguson stated in January 2008, Council set as one of the City's Strategic Objectives to be recognized as a leader in energy efficiency. He said two representatives from the projects considered this evening claimed to not understand the City's policy, yet he wasn't sure there was an official one. He requested staff draft a policy for Council's consideration, which encouraged developers towards environmentally sensitive design without placing an undue burden on the City's retail industry or other financial revenues to the City. o City Council Committee Reports: 1. Sand for Volleyball Courts at the Civic Center Park - Mayor Pro Tem Spiegel stated 966 tons of sand was dropped at the park for the volleyball courts at a cost of $34,000. o City Council Comments: None XIX. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 5:42 p.m. ATTEST: w. GRACE L. MENDOZA, DEPUTY Y CLERK CITY OF PALM DESERT, CALIFORNIA 27