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HomeMy WebLinkAboutPRELIM - CC - 05/22/08 DR AFT PRELIMINARY MINUTES 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. Ketiy Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney 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. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 73-425 EI Paseo, Palm Desert (EI 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 ����� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 VIIi. ORAL COMMUNICATIONS - B MR.ALAN T.WOODRUFF, President of the Desert Cities Track Club, addressed the Council regarding the Turkey Trot on EI Paseo. He said the City had been kind, in the past nine years, for granting them a permit for this race on EI 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 EI 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 filed with him at a meeting by the Recreation Department that was filled with ludicrous lies and miscalculations. If there were things that constituted this kind of behavior, he wouldn't have addressed the Council; but he believed the race had a perfect record. He said he had 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 EI 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 for a policeman at every intersection, which could bankrupt the race itself. On June 2, 2008, the Club would be providing their 20'h scholarship for two athletes of$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 a lot of cities in Southern California to promote races, and 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 that 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 the race slandered by someone who's never even been to the race. Mayor Benson asked if he wish to leave the letter with Council. 3 ����� PRELIMINARY 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. He used green instead of orange in the past because he didn't want EI Paseo to look like a construction zone. He reiterated the race never had an accident or mishap. Mayor Benson stated the Council will look into it. MRS. RITA SEGAR, resident of Villa Portofino, Palm Desert, said she and her husband were homeowners at Villa Portofino for 2 '/2 years, and she was also representing many others who were present this evening from Villa Portofino. She shared she once lived in Carmel and was used to dealing with city councils, her husband was an Architect and she was an Interior Designer, and that besides their business, 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, out of fear, complained that Villa Portofino's land was not the way it should be, and it jeopardized Casa Blanca. She said 40 feet from her home was The Villas, a two-story building approved by the City Council, and she didn't complain. She felt the complaint filed had no basis, and it was jeopardizing Villa Portofino's phase two from being developed,the value of their homes, the outcome of what will be developed on the empty land, and there was uncertainty as to how long this situation will last. 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 quality development could be finished. She stated there would always be someone that complained, but they 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, if the developer put up a wall on the Portola side and landscaped it, consideration for a new permit would be given, but it was not carried out. He invited the City Council to 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. 4 RE I NARY MINUTES ����� P L MI REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 Mr. Erwin stated residents from Casa Blanca had previousfy addressed the Counci� 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 that an error had been made in the elevations of those pads. He said there was currently an ongoing discussion between the City's 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 to be built on Portola, he said that wall was proposed assuming this developer could get permission of 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, if they could obtain permission to build the wall along Portola. MRS. SEGAR stated the grading permit was issued in 2005 for phase two, because when she met with the developer, she saw the permit herself. 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 open-ended, so the developer was asking that this matter be looked at immediately in order to proceed. Mr. Erwin added he met with three different attorneys for the developer last week, who finally provided the sewer plans to the City, after they had been requested for several weeks. Mayor Benson noted this item will be on the next City Council agenda. 5 � ��.��r�� � �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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. 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. 6 PRELIMINARY MINUTES ������ REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 EI 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. 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. 7 ��?�FT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 M. REQUEST FOR AUTHORIZATION to Accept Agreements for Sidewalk Maintenance and Dryweil Maintenance for The Colonnade Project Located at 73-399 EI Paseo and Lupine Lane (Desert EI Paseo, LP, and Harkham Family Enterprises, LP, Applicants). Rec: By Minute Motion: 1) Accept Maintenance Agreements between Desert EI 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 Managerto execute said Agreements. N. CONSIDERATION of Requestfromthe Palm DesertSisterCities 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. 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 O be removed for 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. 8 �1!� t.�+a�� r � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 the City of 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 that 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. 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 9 ����T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 connecting 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 CVAG. Mayor Pro Tem Spiegel recommend Mr. A. Phill Babcock. He said Mr. Babcock currently served on the Parks & Recreation Commission and was being recommended to the Council by the Parks & Recreation Commission for consideration. Councilman Kelly stated 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. He believed the Council needed that connection with the Parks & Recreation Commission. Mayor Benson noted there were two recommendations. Councilman Ferguson asked if the City had other appointments filled by the City Council by recommendations made by its Committees and Commissions; he wasn't aware of ever asking a committee or commission to make an appointment to the Council. 10 PRELIMINARY MINUTES ����� REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 Mayor Pro Tem Spiegel clarified the Parks& Recreation Commission did not 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. 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. Just the prior evening, a business after-hours mixer was held . at Desert Willow for approximately 200 people, and they did a fabulous job. MS. AIMEE SCHRUMPF, Executive Director of Desert Contractor's Association, expressed support of Kemper Sports contract being extended. She said for the past eight years, their annual fund-raising golf tournament was held at Desert Willow, and it was the largest golf tournament in Southern California that was non-professional and highly sought after. They will continue to use Desert Willow because of its beautiful course and exceptional staff. 11 ����� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 has been 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 is kept like a private club. She said those that play there, feel it's a fabulous place and would like to keep it that way. MS. KRISTI NA SIEGERT, stated she was a resident of Palm Desert for more than 15 years. She loved playing golf at Desert Willow and thought the staff was fabulous. She said a possible rate increase for residents had been rumored, and she was against it. She tried to fit golfing whenever possible during the season, and she hoped a rate increase would not be an issue down the road because it was a nice benefit for the residents. MS. EUCA BURROWS, Desert Heart Gala Directorwith the American Heart Association, stated she experienced working with the team at Desert Willow on social events held there and encouraged the Council to extend Kemper Sports contract. She said 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 the Kemper Sports Management team 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 and planned to continue. She said the staff was very detailed, the food was good quality, and events were very professional. MS. MARSHA YOUSEF, Manager of the Surgical Weight Loss Program at Desert Regional Medical Center, stated her bi-monthly seminars were held at Desert Willowthis past year, and each time the staffwas professional, and the service was outstanding. She said she's held seminars all over Southern California, 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. 12 ���5���� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 MR. HARRY SCHNEIDER JR., D.D.S., resident of Palm Desert since 1986, stated he played golf at Desert Willow every Sunday with a group of four and have always been 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 organization's Head Pro made arrangements to hold their late finals at Desert Willow, and the service in the cart barn area and food was excellent. He encouraged the Council to continue with Kemper Sports. Councilman Kelly stated he kept close contact with what was happening in the golfing community and was involved in a private club. He said every golf course in the Coachella Valley was struggling except Desert Willow. He heard outstanding comments about Desert Willow everywhere he went, he said it was one of the real jewels of the community. When the City first brought Kemper Sports Management on board and contracted with them, they were told the City wanted its citizens to have a place to go where they'd be treated better than if they had gone to a private country club. Desert Willow is a facility where residents are able to take their out-of-town guests out to lunch, and it's like they have their own private club to go to. He felt Kemper Sports had done a fantastic job of providing exactly the type of service the City requested. 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 recused herself from the Chamber. Mayor Pro Tem Spiegel asked if they could start homeowner associations on any of the districts. Associate Planner Ryan Stendell responded he would be happy to explore whatever the Council wished. Mayor Pro Tem Spiegel stated wheneverthe City had an assessment district, it ran into problems because it had to be voted on. But if the City was dealing with a homeowners association(HOA),the City could send out Code Enforcement to have it come into compliance, if they were not maintaining their development, because it would be responsible. However, with 13 PRELIMINARY MINUTES ��.���'� REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 assessment districts, the City was responsible and if resident didn't pay their fees, the City ran into problems. He preferred HOA's to any type of assessment district. 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, will go out and re-ballot the 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 the City paid extra expenses to put assessment districts together to be able to collect funds, make the improvements, and it made the homeowners happy. However, when expenses went up, and the cost of living went up, the City had to increase the assessment to keep up the standard of the aesthetics, but then homeowners didn't want to pay. Not long ago, the City actually allowed some of those severely underfunded districts to collapse and reverted 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 for the City to allow a HOA to 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 added 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 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. 14 .,.r,, �!�ic �=:� a."•'�" �,,�:.''���a� � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 was preferred, but the existing districts needed to be approved in order to move ahead. In the meantime, Council could continue to work on the problem. He noted Council had been working on this matter for years. Councilman Kelly moved to waive further reading and adopt: 1) Resolution No. 08- 33, initiating proceedings for the levy and collection of annual assessments for the 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 that Council needed to move forward, but he believed the same question will be asked next year. He said something needed to get started about developing homeowners 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 about the location of this particular assessment district, Mr. Stendell responded this was a consolidated landscape that included 35 different assessment districts all over 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 noted 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. Councilman Kelly stated most of the districts will fly through 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 working. 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. 15 F�� ��t.�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 Councilman Ferguson asked if the greenbelt along Haystack one of the assessment districts included in this item. Mr. Croy responded it was. Responding to Councilman Ferguson's question regarding the 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 stated he was assessed, but he thought this assessment was for a pool. However, he noted he paid his bill 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 District Council voted on in the previous item. At this point, the City was maintaining the lighting and a landscape greenbelt along Carlotta Drive, which need to be upgraded. In this case, the City was trying to collect more money to maintain the district at the level the City required. 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 Fiscal Year 2008-2009. Motion was seconded by Kelly and carried by a 4-0-1, with Ferguson ABSTAINING. 16 � y�rr�+s rl �,,�`'���l,a � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 E. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS FOR FORMATION OF THE "SILVER SPUR RANCH" LANDSCAPING AND LIGHTING DISTRICT. Associate Planner Ryan Stendell stated this was a new district presented to Council for formation. He said Silver Spur Ranch dissolved their homeowner's association and asked that the City consider an assessment district. Councilman Ferguson said he was approached two years ago when he was the Mayor, and he was asked by an individual if the City would take over all of the maintenance of the roads and medians within Silver Spur, which he didn't think the City would consider because it had just gone through an undergrounding assessment district for all its utilities; raising the property value and beautifying the whole neighborhood. He questioned why not just take care of their own roads, and he was told because it was expensive. He understood it was expensive, but Silver Spur did have a HOA mechanism in place, and it had tremendous property value, thanks to the City's undergrounding program it undertook ten years prior. He said placing the City in the very situation it was currently complaining about, was beyond him. 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 EI 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 will initiate the proceedings. Every five years, the districts need to be reformed, 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 California 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 Engineer's Report regarding proposed formation/renewal of the Presidents Plaza I 17 �� fr�,N.�-��- PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 considered to belong to the City because it was maintained by the City and reimbursed by the BID. He said a developer wouldn't be allowed to have a parking lot look as bad as this one. He asked if improvements would be made to bring it up to par because it was the worse parking lot in the whole City. He said it was dangerous, looked bad, and it was run down with no planting of trees. 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 reformed, 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 UNDERGROUNDlNG 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 asked why did the scope of work stop short of Rutledge Way instead of going all the way. Capital Improvement Projects Technician Cora Salas replied the current problem was the wall between Desert Star Boulevard and Fred Waring Drive, and the sidewalk adjacent to the street without any buffer. Councilman Ferguson stated 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. 18 o..y.. l" , ♦ ::?'f' .. .i .. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETlNG MAY 22, 2008 Ms. Salas responded that was correct, but there was overhead utilities north of Magnesia Falis. Further responding about what would be required to include the additional block, she said there would be additional design cost. Councilman Kelly thought the project was being underground from Fred Waring Drive to Rutledge Way. He said when the subcommittee worked on this, 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 no�thbound Portola Avenue between Fred Waring Drive and Desert Star Boulevard; 3)authorize the Mayorto 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 he move to approve staff recommendation with Amendment that the City also consider using funds from the Facade Enhancement Program (FEP), in addition to the other sources identified to provide the assistance requested. 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. 19 : ��� ''a ��" a PRELIMINQRY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 to produce a "Green Building," rather then spending $750,000 for it. Lastly, usually when something was given to a developer, in this case it was a height variance of 42 feet for an entire block, the City usually got something for it. In this case, it would be spending $750,000; and for that reason she would vote against. Councilman Ferguson stated he respected Councilmember Finerty's comment, but he disagreed with her on this matter. He said every building built in the City of any magnitude was LEED Certified, not just a "Green" building. He said green could mean anything today, but a LEED Certified Building was an environmentally sensitive design. The City's 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 8� Science Building will be built to LEED Certification, and he believed the Saks expansion would have been built to LEED Certification, had it been timely requested of them early on in the process; he believed it 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 putting in new shops, far exceeded the amount being requested for the LEED Certification compliance, which will pay for itself in its first year. 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. She said the whole program fit into the facade enhancement and noted 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 objection. Councilmember Finerty noted the proposed Development Agreement did not indicate the funds would come out of the FEP. Councilman Ferguson stated the motion included 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. 20 �.��s. �.�:T. �.:aa.�,g. z::' �» .�a•' ,, c> .. � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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. 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 Tem/Vice 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 Mayorto 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 California Avenue to Washington Street. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. 21 ��� ���_�� PRELIMINARY MINUTES REGULAR PALM DESERT CiTY COUNCIL MEETING MAY 22, 2008 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 corner of Monterey Avenue and Country Club Drive. The Applicant proposed 117 units in the main building and four single-story 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 include 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 emergency egress, for emergency purposes only, that egressed onto Monterey; the locations 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. She offered to answer questions. 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. 22 .. ... ^'�" °z"`'qr �wr .. �..�.: 1.; � y . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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. A few aspects of the project they were most proud of was taking on the significant cost for the underground parking to decrease the hardscape and increase 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 single-styte 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 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 started at six feet with no living space looking into Merano residents yards. Lastly, there was no regular traffic access in order to 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 all 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 the Business Industry Association (BIA) advocated. 23 � .� ,� 7 w '�•, 'f ..s� > : . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 or planning about it thus far. Councilmember Finerty asked if any of the units would be affordable for seniors. MR. SHAHHOSSEINI stated 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. MR. SHAHHOSSEINI agreed, but what was proposed and approved previously was 49 single-family homes, and assuming there were three individuals per home, it added up to approximately 150 people, and Oakmont Senior Living projected topping out at 139. He added that senior living residents were extremely quiet with basically no impact on schools, and low impact on traffic. He noted 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 building had 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 simpiy by complying with the existing Building, Water, and Energy Ordinances with the 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 apprised of it. However, between the Water and Energy Ordinances, he believed the project could be certified and asked the Application if it was something that was obtainable. 24 �� +c�, t,a+' .a IAf �� ! ..�( � .. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 replied absolutely, and agreed to provide a copyofthe 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 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 tuition. He said Mr. Shahhosseini approached Merano HOA for thier input with the Oakmont Senior Living project and had been very obliging in the process. He also met with the Planning Department to shared Merano HOA's concerns, which were briefly mentioned this evening regarding the trees and foliage. He learned the City imposed that Oakmont install a new drainage system in the existing retention basin currently used for Merano. He believed Oakmont will 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, Via Scena median, 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 this project, he thought it was probably the best project presented for a location with high volume traffic from Monterey and Country Club Drive. He said Mr. Shahhosseini assured Merano HOA that the gates would remain open during business hours to allow traffic to flow and be able to make a left turn off Via Scena to avoiding vehicles from staking up, which could impede Merano homeowners from getting out of the development. He thanked the Council for the opportunity to speak, and encourage approval of the project. 25 .....�„� ....,, •+�'� •, �N - PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 With no further public testimony offered, Mayor Benson declared the public hearing closed. Councilman Ferguson stated that corner location had a long-tortured history beginning with Walmart and others, but 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. 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 was to approve the project with the conditions that the "Build It Green" principles would be used, 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 a Retail Commercial, but the Council held fast until something appropriate presented itself that would reduce and not add traffic to that corner. She appreciated the Applicant worked with the homeowners, early on in the project instead of at the end, to mitigate concerns. 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 '/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 was unnecessary 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 26 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCiL MEETING MAY 22, 2008 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 give 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. 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 being voted on was with 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 27 f. 2_.� . . � . . • PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 Deaartment None o Police Department None 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. 28 .;;,,� ;,:.. � �«;�:�e �4 r ; I- :� •,, t.;:r� � PRELIMINARY MINUTES ►�-� � � �'°� ' REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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. JEAN M. BENSON ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 29