HomeMy WebLinkAbout1985-01-24MINUTES
REGULAR CITY COUNCIL MEETING
THURSDAY, JANUARY 24, 1985
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Snyder called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly
III. INVOCATION - Councilmember Phyllis Jackson
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilmember Phyllis Jackson
Mayor Pro-Tempore Richard S. Kelly
Councilman S. Roy Wilson
Mayor Walter H. Snyder
Also Present:
Bruce A. Altman, City Manager
Carlos L. Ortega, Assistant City Manager
Sheila R. Gilligan, City Clerk
David J. Erwin, City Attorney
Barry D. McClellan, Director of Public Works
Kirby J. Warner, Director of Finance
Ramon A. Diaz, Director of Environmental Services
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. REQUEST FOR APPOINTMENT OF DR. WILLIAM HEMMERDINGER
TO THE CIVIC ARTS COMMITTEE.
Upon motion by Kelly, second by Jackson, Dr. William Hemmerdinger was
appointed to the Civic Arts Committee by unanimous vote of the Council.
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 10, 1985.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand
Nos. 85-064 and 85-071.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By CHRIS-
LINDA, INC. for Rockwell's, 73-705 El Paseo, #30B, Palm Desert,
California.
Rec: Receive and file.
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D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Michael
Mason for 73-111 El Paseo, Palm Desert, California.
Rec: Receive and file.
E. CLAIM AGAINST THE CITY By Chuck Drinkworth for an Unspecified
Amount for Alleged Damage to His Vehicle on City Street.
Rec: Deny the claim and instruct the City Clerk to so advise the
Claimant.
F. MONTHLY FINANCIAL ACTIVITY REPORT FOR DECEMBER, 1984.
Rec: Receive and file.
G. PRESENTATION OF YEARLY AGENCY REPORT TO PALM DESERT
CITY COUNCIL.
Rec: By Minute Motion, accept the Redevelopment Agency report
submitted by the Agency pursuant to Section 33080.1 of the
California Health and Safety Code.
Councilman Wilson requested that Item E be held over and discussed under
Consent Items Held Over on the Agenda.
Upon motion by Wilson, second by Jackson, the Consent Calendar with the
exception of Item E was approved as presented by unanimous vote of the Council.
VII. ORAL COMMUNICATIONS - A
MR. WINSTON SEVERSON, 74-817 Cristobal, stated that he represented 30%
of the homeowners in Valley Palms Estates and asked for Council's assistance
in the matter of the Palm Desert High School. He stated that the homeowners
were concerned with the projected figure of over 400 vehicles per day
traveling through their area and felt that there were other areas that could be
used for ingress and egress to the school.
Mayor Snyder responded that the City Manager and staff would set up a
meeting with the homeowners to go over their concerns and determine what
could be done to mitigate them.
VIII. PUBLIC HEARINGS
A. CONSIDERATION OF A REQUEST FOR APPROVAL OF A
DEVELOPMENT AGREEMENT, PURSUANT TO MUNICIPAL CODE
CHAPTER 25.37, SPECIFYING TERMS AND CONDITIONS FOR THE
MANAGEMENT OF AN EIGHT UNIT APARTMENT PROJECT
CONTAINING TWO UNITS AFFORDABLE TO MODERATE INCOME
HOUSEHOLDS LOCATED ON THE NORTH SIDE OF SANTA ROSA
WAY, 300 FEET WEST OF SAN PASCUAL. WILLIAM SPENCER,
APPLICANT. CASE NO. PP 84-44. (Continued from meetings of
December 27, 1984, and January 10, 1985.)
B. CONSIDERATION OF A REQUEST FOR APPROVAL OF A
DEVELOPMENT AGREEMENT, PURSUANT TO MUNICIPAL CODE
CHAPTER 25.37, SPECIFYING TERMS AND CONDITIONS FOR THE
MANAGEMENT OF A NINE UNIT APARTMENT PROJECT
CONTAINING TWO UNITS AFFORDABLE TO MODERATE INCOME
HOUSEHOLDS LOCATED AT THE SOUTHWEST CORNER OF SAN
PASCUAL AND SANTA ROSA. PAUL M. MADISON, APPLICANT,
FOR LEE AND SANDRA CAREL -OWNERS. CASE NO. PP 84-37.
(Continued from meetings of December 27, 1984, and January 10, 1985.)
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C. CONSIDERATION OF A REQUEST FOR APPROVAL OF A NEGATIVE
UbLLARAIIUN Ot LNVIRbNMtN1AL 1MPAC'1, PRECISE PLAN,
TENTATIVE TRACT MAP, AND DEVELOPMENT AGREEMENT TO
ALLOW CONSTRUCTION OF 26 CONDOMINIUM UNITS ON 3.2
ACRES WITH THE R-2 (7) S.P. AND PR-7 ZONES (INCLUDING A 25%
DENSITY BONUS FOR MODERATE INCOME HOUSING) LOCATED AT
THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN
DRIVE. CHARLES MARTIN AND ROBERT L. WARD, APPLICANTS.
CASE NO. PP 84-24A.
Mayor Snyder noted that these were continued public hearings which were still
open.
Mr. Altman reported that the subcommittee appointed two meetings
ago to review the whole issue of density bonuses and what the law
required was still not ready to make a report and recommendation. He
requested a continuance to the meeting of February 14th.
Mayor Snyder invited public input.
MR. WILLIAM SPENCER, one of the applicants, stated he could see no
reason for further continuance since Council had granted density
bonuses in the past. He argued that the Council was being unfair to
these applicants in delaying their projects since Council was obligated
under the law to grant them.
Councilman Wilson and Mayor Snyder both responded that Council had
not, in fact, approved all density bonuses requested and that Council's
concern was that the allowable $560/month rental fee was not really
affordable for the people needing this type of housing. For this reason
as well as to review the entire law, Council had formed a subcommittee
comprised of the City Attorney, Director of Environmental Services,
and two Councilmembers to determine all possible alternatives
available to the Council.
MR. JACK CRUZ addressed Council in opposition to a continuance and
expressing his opinion that certain State laws encouraged the Council to
approve such requests.
Mr. Erwin responded that the Council had the ability to make a
discretionary decision to determine policy on density bonuses. He said
the law imposed by the State suggests that to provide affordable
housing, Council should consider density bonus requests, but it does give
the Council a lot of lattitude that falls within definition of low and
moderate income housing. Council is trying to establish clear
guidelines for processing of these applications and until the policy is
developed and approved, they may continue all such requests.
Upon motion by Wilson, second by Benson, and unanimous vote of the Council,
Public Hearings A, B, and C were continued to the meeting of February 14, 1985.
D. RECONSIDERATION OF A CITY COUNCIL DECISION OF DECEMBER
13, 1984, TO REQUIRE AN ENVIRONMENTAL IMPACT REPORT WITH
REGARD TO APPLICATION OF WESTAR ASSOCIATES (H.F.
AHMANSON AND CO., OWNERS) FOR APPROVAL OF A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE
FROM PR-6 S.P. (PLANNED RESIDENTIAL, MAXIMUM SIX
DWELLING UNITS PER ACRE, SCENIC PRESERVATION OVERLAY)
TO PC(3), S.P. (REGIONAL COMMERCIAL, SCENIC PRESERVATION
OVERLAY), PRECISE PLAN OF DESIGN AND EIGHT LOT
SUBDIVISION FOR FINANCING PURPOSES TO ALLOW
CONSTRUCTION OF A COMMERCIAL SHOPPING CENTER
CONTAINING 128,100 SQUARE FEET OF FLOOR AREA ON 12.5
ACRES OF LAND BOUNDED BY THE PALM VALLEY STORM
CHANNEL, EL PASEO, PAINTERS PATH, AND HIGHWAY 111, MORE
PARTICULARLY DESCRIBED AS APN 629-060-034 AND 629-022-007.
Mayor Snyder declared the public hearing open and asked for staff's report.
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Mr. Altman stated that the City Attorney would brief the Council on
what was before it tonight.
Mr. Erwin reviewed the previous Council action. He stated that at the
December 13th meeting the Council heard an appeal of a Planning
Commission decision and determined that a full scale Environmental
Impact Report with an emphasis on traffic would be required of the
developer prior to making a determination on the following three items:
1) request for change of zone; 2) approval of the Parcel Map; 3)
Tentative Tract Map. The Council then, at its December 27th meeting,
determined that it wished to reconsider the previous decision, and this
was now the time and place for such reconsideration.
Mayor Snyder invited input in FAVOR.
MR. CHARLES CENCIBAUGH, Home Savings of America, stated that
they had been notified that the Council would reconsider the action
requiring an Environmental Impact Report (EIR) and that they
supported the preparation and review of such a report. He stated that
his firm considered this a way to review and mitigate the concerns of
the public. He added that he understood there was a great cost in doing
an EIR and urged the Council to continue the matter.
Mayor Snyder invited input in OPPOSITION.
MR. DONOL HEDLUND, 1706 Sandpiper, stated that he was still
opposed to the rezoning of this site and offered to answer any questions
the Council might have.
Mrs. Gilligan noted for the record that letters had been received from
the Sandpiper residents and the El Paseo Business Improvement Area
Board in opposition to the change of zone.
MS. ALTHEA STEWART, 810 Sandpiper, stated that she felt that living
in Sandpiper was like living in a beautiful park and maybe the Ahmanson
Company should give the City a park at the entrance to El Paseo. She
was also concerned with the increased traffic if this project were
approved.
Mayor Snyder declared the public hearing closed.
Councilmember Jackson stated that her feelings were the same as she
had expressed in previous meetings in that there were concerns by
residents and businesses in the area that were valid and which needed to
be considered. She felt that the whole area needed to be studied and
that the full scale EIR should be done; included in that EIR should be a
complete traffic study as she felt that was the main issue of concern.
Councilmember Benson stated that she too had the same concerns as
those she had previously indicated. The corner in question was a hot
spot and was considered bad for traffic 10 years ago, and it would
create the same problems today.
Councilman Kelly stated that the issue before the Council at this
meeting was whether or not to require an EIR. He still felt that it was
not necessary and that the Council had now as well as at the first
hearing sufficient information with which to make a decision.
Councilman Wilson stated he felt very strongly that it would be unfair
to the developer to put him through the process of an EIR if the Council
felt that a commercial development of this type was not the best use of
the land. He felt the decision of the Planning Commission should be
upheld and the request denied. He stated that it was only when the
City Attorney recommended that the Council get more information
that he went along with requiring the EIR. He added that he was
opposed to going to the expense of an EIR for the following reasons: 1)
He did not think that the traffic problems could be solved with an EIR;
and 2) he did not feel that commercial zoning on that property was the
best use of that land.
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Councilmember Jackson said she understood that the amendment to the
General Plan was adopted in 1981 changing that zoning to commercial.
Councilman Wilson responded that the General Plan was changed, but
the zoning was not changed.
Councilmember Wilson moved to deny the appeal, direct staff to prepare a
resolution formally denying the rezoning, and instruct the Planning Commission to bring
the General Plan into conformance with the zoning. Motion was seconded by Benson and
carried by a 4-1 vote, with Councilmember Jackson voting NO.
E. CONSIDERATION OF THE ESTABLISHMENT OF AN UNDERGROUND
UTILITY DISTRICT FOR THE REMOVAL OF POLES, OVERHEAD
WIRES, AND ASSOCIATED OVERHEAD STRUCTURES AND THE
UNDERGROUND INSTALLTION OF WIRES AND FACILITIES FOR
SUPPLYING ELECTRIC, COMMUNICATION OR SIMILAR OR
ASSOCIATED SERVICE ON THE EASTERLY SIDE OF PORTOLA
AVENUE FROM FAIRWAY DRIVE PROCEEDING SOUTH TO THE
CITY LIMITS AND THE CITY -OWNED SAN PABLO PARK PROPERTY
NORTH OF THE PALM DESERT CIVIC CENTER.
Mayor Snyder declared the public hearing open and asked for staff's report.
Mr. McClellan reported that the Council had expressed a desire to
widen Portola Avenue from Fairway Drive south to the City limits.
This district would provide the financing for such construction, and he
recommended approval of this request.
Mayor Snyder invited input in FAVOR of this request, and none was offered.
He invited input in OPPOSITION to this request, and none was offered. He
declared the public hearing closed.
Upon motion by Kelly, second by Jackson, Resolution No. 85-6 establishing
underground utility district No. 1985-1 was adopted by unanimous vote of the Council.
IX.
X.
RESOLUTIONS
None
ORDINANCES
For Introduction:
N one
For Adoption:
A. ORDINANCE NO. 415 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT RELATING TO TERMS AND
CONDITIONS FOR THE RENTING OF A 104 UNIT APARTMENT
COMPLEX LOCATED SOUTHERLY OF THE INTERSECTION OF
BEACON HILL AND HOVLEY LANE. CASE NO. PP 84-12,
AMENDMENT #1, P.D. PARTNERS AGREEMENT.
Mr. Altman reported that no further input had been received since
introduction of this ordinance and recommended its adoption.
Upon motion by Kelly, second by Benson, Ordinance No. 415 was adopted by
unanimous vote of the Council.
B. ORDINANCE NO. 416 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING
PROCEDURE FOR THE INSTALLATION OF STREET IMPROVEMENTS
WHENEVER THE PUBLIC INTEREST AND NECESSITY DEMAND THE
CONSTRUCTION AND COMPLETION OF STREET IMPROVEMENTS
TO UNDEVELOPED AREAS OF THE CITY.
Mr. Altman reported that no further input had been received since
introduction of this ordinance and recommended its adoption. He added
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that pursuant to discussion in Study Session, staff would come back with
a prioritized list of streets to be improved.
Upon motion by Kelly, second by Wilson, Ordinance No. 416 was adopted by
unanimous vote of the Council.
C. ORDINANCE NO. 417 - 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 MULTI -FAMILY RESIDENTIAL TO
GENERAL COMMERCIAL FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF DEEP CANYON ROAD AND ABRONIA
TRAIL. CASE NO. C/Z 84-17.
Mr. Altman reported that no further input had been received since first
reading of this ordinance and recommended its adoption.
Upon motion by Wilson, second by Jackson, Ordinance No. 417 was adopted by
unanimous vote of the Council.
D. ORDINANCE NO. 418 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER
3.28, SECTION 3.28.040, PERTAINING TO EXEMPTIONS RELATING
TO THE TRANSIENT OCCUPANCY TAX.
Mr. Altman reported that no further input had been received since first
reading of this ordinance and recommended its adoption.
Upon motion by Benson, second by Kelly, Ordinance No. 418 was adopted by
unanimous vote of the Council.
XI. CONSENT ITEMS HELD OVER
E. CLAIM AGAINST THE CITY By Chuck Drinkworth for an Unspecified
Amount for Alleged Damage to His Vehicle on City Street.
Rec: Deny the claim and instruct the City Clerk to so advise the
Claimant.
Councilman Wilson stated that he had requested that this item be held over
and invited Mr. Drinkworth to address the Council.
MR. CHUCK DRINKWORTH, 54-490 Avenida Madero, La Quinta,
stated that he was a teacher and coach at College of the Desert and
Indio High School. He reported that he had sent a letter to the Council
reporting damage done to his car when he was driving eastbound on
Fred Waring Drive between Monterey and San Pablo. He stated that
the car ran into a very large pothole, denting the aluminum cast wheel
and putting the front wheel drive out of alignment. He felt that the
City should have taken more care to notify people that there was a hole
there and should help pay the cost of the damage. At the time he sent
the letter, he only had estimates of the repair costs. Since that time,
all of the repair work has been completed. He stated that he had talked
to Councilman Wilson and submitted the bills for the actual costs which
totaled $351.78.
Mr. Erwin asked the Council to consider not taking any action and
referring the matter to him so that he could discuss it with Mr.
Drinkworth.
Upon motion by Wilson, second by Kelly, this item was continued to the
meeting of February 14, 1985, to allow the City Attorney time to discuss the matter with
the Claimant. Motion carried by unanimous vote.
XII. NEW BUSINESS
A. REQUEST FOR APPROVAL OF SPECIAL SIGN FOR MARRIOTT
CORPORATION.
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Mr. Altman reported that this had been discussed in detail in Study
Session. At that time, it was suggested that the Council might wish to
approve the new sign on the condition that the old sign be taken down.
The new sign would be a rendering of what the hotel will look like when
completed.
Councilmember Benson also suggested that the Council stipulate that
the new sign be taken down when the project is completed.
Upn motion by Wilson, second by Benson, the special sign for Marriott
Corporation was approved with two conditions: 1) that the old sign be taken down now;
and 2) that the new special sign be removed when the project is completed. Motion
carried by unanimous vote.
XIII. CONTINUED BUSINESS
None
XIV. OLD BUSINESS
A. REQUEST FOR CONSIDERATION OF A PALM VALLEY CHANNEL
ACCESS ROAD.
Mr. Altman reported that the Council was briefed on this in Study
Session. He also noted that a request had been received from a member
of the audience for permission to speak on this issue.
MR. RICHARD SMITH, 1060 Olive Way, Palm Springs, asked that the
City go on record saying that the Thrush Road Bridge does serve as an
access road to that area, but the Council was not being asked at this
time to decide how the road would be built. He stated that the
property owners would form an assessment district to come up with the
street alignments, standards, how it would be paid for, composition,
etc., and then return to the Council. He felt this action was necessary
before they could go ahead with formation of the assessment district.
Councilman Wilson moved that the Council, by Minute Motion, declare that
the Thrush Road Bridge is intended for access to the West Hills Area. The Motion was
seconded by Kelly and carried by unanimous vote of the Council.
B. REQUEST FOR CONSIDERATION OF A FRINGE -TOED LIZARD
HABITAT CONSERVATION PLAN (HCP).
Mr. Altman reported that this had been discussed with the Executive
Director of CVAG in Study Session. He noted that the proposed
resolution provided approval of the Habitat Conservation Plan as
modified by those certain amendments approved by the CVAG
Executive Comittee on January 9, 1985, and authorization for the
Mayor to execute an application addressed to the U.S. Fish ac Wildlife
Service. In addition, he requested the resolution be amended to include
a Section 3 to stipulate an agreement to be drawn up by the City
Attorney be approved in principle with the final version to be brought
back to Council for its approval.
Upon motion by Kelly, second by Benson, Resolution No. 85-7 as amended to
include Section 3 was adopted by unanimous vote of the Council.
C. REQUEST FOR AWARD OF CONTRACT NO. 1060 - TRAFFIC
SIGNALIZATION AT MONTEREY AVENUE AND FRED WARING
DRIVE.
Mr. Altman reported that this contract would provide for the
installation of traffic signals and other related work at the intersection
of Monterey Avenue and Fred Waring Drive. He also noted that it
would fit in nicely with the work currently being done on Fred Waring
(storm drains and widening).
Councilman Kelly moved to, by Minute Motion, award Contract 1060 to Paul
Gardner Corporation in the amount of $74,451. Motion was seconded by Benson and
carried by unanimous vote of the Council.
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XV. ORAL COMMUNICATIONS - B
None
XVI. REPORTS AND REMARKS
A. CITY MANAGER
1. ALTERATIONS TO THE CIVIC CENTER
Mr. Altman reported that at Study Session the Council had
discussed the proposed alterations to the Civic Center. It was
recommended that staff be directed to work with the architect,
John Outcault, on several alternatives and report to the Council
at either the February 14th meeting or the February 28th
meeting.
Councilmember Benson moved to, by Minute Motion, direct staff to work with
the architect on several alternatives for alterations to the Civic Center and report back
to the Council at either the February 14th or February 28th meeting. Motion was
seconded by Kelly and carried by unanimous vote of the Council.
2. CIVIC CENTER LAND ACQUISITION
Mr. Altman reported that this had been discussed in detail in
Study Session. The consensus at that time was that a group
consisting of the City Manager, Assistant City Manager, and
Director of Environmental Services should meet with certain
owners of property adjacent to the Civic Center to see if
property could be acquired for public use.
3. CITY -OWNED PROPERTY ON FRED WARING DRIVE AND
MONTEREY AVENUE
Mr. Altman reported that this had been discussed at length in
Study Session. This involved the 17 feet of land owned by the
City at the corner of Fred Waring Drive and Monterey Avenue
(Fred Waring Professional Building). It was staff's
recommendation that the City give this land to the adjacent
property owner with the understanding that the owner would
maintain it. If that property was not maintained properly, the
City could go in and cause it to be maintained, charging cost for
such to the owner through the abatement and lien process.
Councilmember Jackson moved to, by Minute Motion, direct the City Attorney
to draw up an agreement between the City of Palm Desert and the owner of the property
located at the southeast corner of Fred Waring Drive and Monterey Avenue whereby the
17' easement would be granted to the owner in exchange for its landscaping and
maintenance thereof, said agreements to include insurances that should the City be placed
in a position of maintaining this property, costs for such could be reimbursed through the
abatement and lien process. Councilman Kelly seconded the motion. Motion carried by
unanimous vote of the Council.
4. PETITION FROM MS. JANET ABRAMS
Mr. Altman reported that the Council had received a petition
from Ms. Janet Abrams requesting that a moratorium be placed
on development along Parkview Drive. It was the Planning
Commission's conclusion that a moratorium on said development
was unwarranted at this time. As Ms. Abrams would be working
with the 2000 Committee Traffic Subcommittee toward the
ultimate resolution of this matter, it was staff's recommendation
that the petition be received and filed for the record.
Councilmember Benson moved to, by Minute Motion, receive and file the
petition of Janet Abrams. Motion was seconded by Jackson and carried by unanimous
vote of the Council.
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5. POST OFFICE PARKING LOT AGREEMENT
Mr. Altman reported that this was discussed at Study Session,
and it was recommended that the Mayor be directed to execute
an agreement to convert the employee parking lot to public
parking at the Palm Desert Post Office.
Mr. Ortega stated that the City Attorney was working on the
final agreement for this, and the one reviewed in Study Session
was conceptual only.
Councilmember Jackson moved to, by Minute Motion, approve an agreement
with the Post Office and the Christian Science Church to provide 18 additional public
parking spaces at the Post Office and to appropriate an amount not to exceed $5,000 for
said conversion. Motion was seconded by Benson and carried by unanimous vote of the
Council.
B. CITY ATTORNEY
N one
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. Mayor Snyder asked that everyone note the future meetings
listed on the Agenda.
XVII. ADJOURNMENT
Councilman Wilson moved to adjourn the City Council meeting to Executive
Session (pending litigation under Government Code Section 54956.9 (a), Lewis Homes vs.
City of Palm Desert), said Closed Session to be held immediately following adjournment
of the Redevelopment Agency Meeting. Councilman Kelly seconded the motion. Motion
carried by unanimous vote, and Mayor Snyder adjourned the meeting to Closed Session at
8:27 p.m.
Mayor Snyder reconvened the meeting at 9:50 p.m. and immediately adjourned
with no action taken or announced.
ATTEST:
SHEILA R. GILLIGAN, CI LERK
CITY OF PALM DESERT, ALIFORNIA
WALTE H. SNYDER; IOTA
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