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HomeMy WebLinkAbout2002-10-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 24, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:05 p.m. II. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Jim Ferguson arrived at 4:00 p.m. Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Joseph S. Gaugush, Director of Public Works/City Engineer Robert P. Kohn, Director of Special Programs 1I1. ORAL COMMUNICATIONS - A None IV. ADJOURN TO CLOSED SESSION Upon motion by Crites, second by Spiegel, and a 4-0 vote, with Councilman Ferguson ABSENT, Mayor Kelly adjourned the meeting to Closed Session at 3:08 p.m. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Renee Capela v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 021720 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 Added one more case of potential litigation, making it 4 . ADDED TO CLOSED SESSION AGENDA BY UNANIMOUS VOTE (4-0): Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 74-039 San Marino Circle, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Ray Winner Under Negotiation: x Price x Terms of Payment 2) Property: 74-047 San Marino Circle, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Gary Tryon Under Negotiation: x Price x Terms of Payment ADDED TO CLOSED SESSION AGENDA BY UNANIMOUS VOTE (4-0): Public Employment pursuant to Government Code Section 54957 Prior to adjournment to Closed Session and upon a motion by Councilman Spiegel, second by Councilman Crites, and 4-0 vote of the City Council, with Councilman Ferguson ABSENT, the noted items were added to the agenda for Closed Session consideration. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 V. RECONVENE REGULAR MEETING - 4:00 P.M. Mayor Kelly reconvened the meeting at 4:04 p.m. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel VII. INVOCATION - Mayor Pro-Tempore Jean M. Benson At this point, and with Council concurrence, Mayor Kelly suspended the Agenda and made presentation of a proclamation: PRESENTATION OF PROCLAMATION DECLARING THURSDAY, OCTOBER 24, 2002, AS "VIRGINIA ROSE FOLKERS DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented a framed proclamation to Mrs. Folkers in honor of her just -ended term as President of the Historical Society. VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION, DECLARING OCTOBER 2002, AS "NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH" IN THE CITY OF PALM DESERT. The proclamation was presented to Executive Director Lynn Moriarty. B. PRESENTATION OF ANNUAL "MINI MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. Mayor Kelly, on behalf of the Palm Desert City Council, presented framed certificates to Desert Sands Unified School District, Historical Society of Palm Desert, and the Riverside County Fire Department/California Department of Forestry and Fire Protection. Artwork Award Certificates were presented to Grace Driggs, Irian Soetomo, Adetola Omilana, and Oliver Marguleas. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 10, 2002, and the Adjourned Joint Meeting of the City Council and Redevelopment Agency of September 4, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Warrant Nos. 94, 96, 99, 100, 104, 105, and 103PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#492) by Lucina Martinez in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Laurie Lund and Kurt Lund for Great Ideas Floral Company, 73-140 Highway 111, Suite 4, Palm Desert. Rec: Receive and file. D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Lisa A. Hill and Ronald E. Hill for The Rib Company, 73-030 El Paseo, Palm Desert. Rec: Receive and file. E. REQUEST FOR DECLARATION of Surplus Property for Twelve Steel Art Pedestals. Rec: By Minute Motion: 1) Declare the twelve, steel, Peter Voulkos Collection, pedestals as surplus property; 2) authorize staff to negotiate sale or other means of disposing said property. F REQUEST FOR APPROVAL of the Printing of Vacation Planner Updates. Rec: By Minute Motion, approve the subject request for printing by Papillon Graphics, Inc., Palm Desert, California, in the amount of $57,670.91. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 G. REQUEST FOR APPROVAL of Contract for Preliminary Architectural Services and Landscape/Site Design for the Mesa View Fire Station (No. 67) Remodel (Contract No. C20580A-B). Rec: By Minute Motion: 1) Ratify the proposal for preliminary architectural services authorized by the City Manager with Urrutia Architects, Palm Desert, California, in the amount of $10,750 and authorize the Mayor to execute same; 2) ratify the proposal for preliminary landscape/site design services authorized by the City Manager in the amount of $10,000 and authorize the Mayor to execute same. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20140 — Highway 74 Utility Undergrounding (Herman Weissker, Inc., Bloomington, CA). Removed for separate consideration in order to continue the matter to a future meeting (indefinite). I. REQUEST FOR AUTHORIZATION to Reject Bid for the Civic Center/Joe Mann Dog Park Lighting Project (Contract No. C20590). Rec: By Minute Motion: 1) Reject the bid received for the dog park lighting project; 2) authorize the City Clerk to, at the appropriate time, re -advertise and solicit bids for the subject project. J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C19780 — Citywide Tree Pruning Program (Project No. 587-02). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $6,264.77 to the subject contract with United Pacific Services, La Habra, California, and authorize the Mayor to execute same; 2) authorize the transfer of said funds from contingency to base contract. K. REQUEST FOR AUTHORIZATION to Expand the "Make Someone A Star" Campaign. Rec: By Minute Motion: 1) Approve expanded concept for the "Make Someone A Star" campaign to a Mayor's Breakfast event co -sponsored by College of the Desert and the Palm Desert Chamber of Commerce; 2) appropriate $2,000 from the Unobligated General Fund to Account No. 110-4416-414-3917 to cover additional expenses associated with the new campaign. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 Mr. Ortega asked that Item H be removed from the Consent Calendar. Upon motion by Spiegel, second by Kelly, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. XI. CONSENT ITEMS HELD OVER H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20140 — Highway 74 Utility Undergrounding (Herman Weissker, Inc., Bloomington, CA). With Council concurrence, this item was continued to a time uncertain. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1012 - 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 R-3 TO R-3 S.O. (SENIOR OVERLAY) FOR PROPERTY LOCATED ON THE WEST SIDE OF SAN RAFAEL AVENUE, 370 FEET SOUTH OF CATALINA WAY (44-555 SAN RAFAEL AVENUE) (Topman Builders, Inc./Mike Filing, Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1012. Motion was seconded by Crites and carried by a 5-0 vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 B. ORDINANCE NO. 1013 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A SENIOR HOUSING DEVELOPMENT AGREEMENT, RELATING TO AFFORDABLE HOUSING REQUIREMENTS FOR A PROPOSED 10-UNIT SENIOR CITIZEN APARTMENT PROJECT ON THE WEST SIDE OF SAN RAFAEL, 370 FEET SOUTH OF CATALINA WAY (44-555 SAN RAFAEL AVENUE) (Topman Builders, Inc./Mike Filing, Applicant). Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1013. Motion was seconded by Spiegel and carried by a 5-0 vote. C. ORDINANCE NO. 1019 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY PRE -ZONING PART OF SECTION 5, T5S R6E, PR-5 (PLANNED RESIDENTIAL, FIVE DWELLING UNITS PER ACRE) (Palm Desert Greens Association, Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1019. Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF RESOLUTIONS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY, FINDING THAT THE USE OF MONEYS IN THE LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE PROJECT AREA NO. 1, AS AMENDED, WILL BE OF BENEFIT TO THE PROJECT AREA (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 02-132„ finding that the use of moneys in the Low and Moderate Income Housing Fund of the Palm Desert Redevelopment Agency outside Project Area No. 1, As Amended, will be of benefit to the Project Area; 2) Redevelopment Agency Resolution No. 453, finding that the use of moneys in the Low and Moderate Income Housing Fund of the Agency outside Project Area No. 1, As Amended, will be of benefit to the Project Area. Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR APPROPRIATION OF FUNDS FOR THE PREPARATION OF NEPA/CEQA ASSESSMENTS FOR THE HOMME/ADAMS AND BLM VISITOR CENTER TRAIL LOOPS. Mr. Ortega noted the staff report and recommendation in the packets. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 Councilman Crites moved to, by Minute Motion, authorize the expenditure of $32,000 from Account No. 880-0000-239-0100 and release said funds to the Bureau of Land Management for the preparation of NEPA/CEQA Assessments for the Homme/Adams and BLM Visitor Center Trail Loops. Motion was seconded by Ferguson. Councilman Ferguson said his understanding was that this moved up the NEPA/CEQA considerations by a year and that if the City did not fund it this year, CVAG G would fund it in the next year. He asked if there was a way for the City to subsequently be reimbursed by CVAG when it decides to fund the study, as happened with some other property acquired in conjunction with another agency. Mr. Drell responded that staff could ask for reimbursement of those funds from CVAG. Mayor Kelly called for the vote on the motion, with the direction to seek reimbursement of said funds from CVAG. Motion carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF THE LEASE AGREEMENT FOR THE DESERT WILLOW GOLF COURSE MAINTENANCE EQUIPMENT (CONTRACT NO. C20600). Councilman Spiegel moved to, by Minute Motion, approve the subject lease agreement between the City of Palm Desert and Jacobsen E-Z Go, Bermuda Dunes, California, in an amount up to $1,158,790.56 for Desert Willow Maintenance equipment. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE FORMATION OF THE "SUNDANCE" LANDSCAPE AND LIGHTING DISTRICT (Continued from the meeting of October 10, 2002). Mr. Ortega noted that this was considered by the Council at its last meeting, at which time it decided to continue the matter to this time pending some legal and staff work on assessment districts. He noted the recommendation 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 in the packets and said staff and the City Attorney were available to answer any questions. Upon question by Councilman Spiegel, Mr. Ortega stated it was his understanding the developer was willing to put up a cash deposit to supplement the reserve. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. MARIO GONZALES, 28-561 Avenida Diosa, Cathedral City, spoke as the developer. He said he had spoken with staff about this district, and he was willing to make some kind of consideration and start the fund with some money he would put into that fund to form this district. With no further testimony offered, Mayor Kelly declared the public hearing closed. Mrs. Klassen announced for the record that "Yes" votes totaled $13,246.92, and there were zero "No" votes. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 02-129, declaring the results of a property owner protest proceeding for the territory within the proposed Sundance/Shepherd Lane Landscaping and Lighting District and approving certain related actions, with amount of "Yes" ballots in the amount of $13,246.92 and "No" votes in the amount of -0-; 2) Resolution No. 02-130, amending and/or approving the Engineer's Report regarding the formation of the Sundance/Shepherd Lane Landscaping and Lighting District; the concurrent annexation of said territory into the Palm Desert Consolidated Landscaping and Lighting District; and the levy and collection of annual assessments related thereto for Fiscal Year 2003/04; 3) Resolution No. 02-131, ordering the formation of the Sundance/Shepherd Lane Landscaping and Lighting District; the concurrent annexation of said District and territory into the Palm Desert Consolidated Landscaping and Lighting District; and the levy and collection of annual assessments related thereto, commencing with Fiscal Year 2003/04. Motion was seconded by Ferguson and carried by a 5-0 vote. B. REVIEW OF AB1600 DEVELOPER IMPACT FEE REPORT. Mr. Ortega noted the staff report and recommendation in the packets and stated that staff was available to answer any questions. Councilman Spiegel said Palm Desert's fees had not been compared with other cities in quite some time, and he said he would like staff to look at what Palm Desert is charging versus what other cities charge. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this report. No testimony was received, and he declared the public hearing closed. Councilman Spiegel moved to receive and file the report. Motion was seconded by Benson and carried by a 5-0 vote. C. CONSIDERATION OF APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT, AND CHANGE OF ZONE FOR 28.8± ACRES LOCATED IN THE EAST HALF OF SECTION 5, T6S R6E (AREA SOUTH OF IRONWOOD COUNTRY CLUB); SAID PROPERTY TO BE DESIGNATED VERY LOW DENSITY RESIDENTIAL (1-3 DWELLING UNITS PER ACRE) IN THE GENERAL PLAN AND ZONED PR-2 (2 DWELLING UNITS PER ACRE); APPLICATION ALSO INCLUDES A TENTATIVE TRACT MAP SUBDIVIDING 156± ACRES INTO 56 LOTS (52 RESIDENTIAL LOTS RANGING IN SIZE FROM 16,068 S.F. TO 26,501 S.F. AND FOUR OPEN SPACE LOTS) ALL TO BE LOCATED ON THE FUTURE EXTENSION OF CANYON VIEW DRIVE Case Nos. GPA 02-03. C/Z 02-05. and TT 29713 Amendment #1 (Ironwood Country Club and SR Consultants, Inc., Applicants). Mr. Ortega noted the staff report arid recommendation in the packets. He stated a letter had been received and had been distributed to the Council as part of this staff report. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. RONALD DOLL, 73-099 Ajo Lane, Palm Desert, spoke as the representative for Ironwood. He asked that the Council accept the recommendation of the Planning Commission and approve this request. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Spiegel moved to waive further reading and: 1) Adopt Resolution No. 02-133, approving General Plan Amendment Case No. GPA 02-03; 2) pass Ordinance No. 1026 to second reading, approving Change of Zone Case No. C/Z 02-05; 3) adopt Resolution No. 02-134, approving a Mitigated Negative Declaration of Environmental Impact and a Tentative Tract Map, Case No. TT 29713 Amendment #1, subject to conditions. Motion was seconded by Ferguson and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 D. CONSIDERATION OF APPROVAL OF DRAFT AND FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PREPARED FOR PROJECT KNOWN AS "THE CREST;" A GENERAL PLAN AMENDMENT FROM OPEN SPACE (O.S.) AND HILLSIDE PLANNED RESIDENTIAL (HPR) TO O.S. AND A CHANGE OF ZONE TO PRE -ZONE THE ENTIRE 640 ACRES O.S. AS IT RELATES TO SECTION 25 T5S R5E; A TENTATIVE TRACT MAP AND PRECISE PLAN/CONDITIONAL USE PERMIT FOR AN 18-HOLE GOLF COURSE AND RELATED AMENITIES LOCATED ON 240± ACRES IN THE SOUTHEAST CORNER OF SAID SECTION AND A RESIDENTIAL VILLAGE (44 LOTS), CLUBHOUSE, AND MAINTENANCE FACILITY LOCATED ON 63± ACRES IN THE NORTHWEST CORNER OF SECTION 31 T5S R6E; A DEVELOPMENT AGREEMENT RELATING TO THE PROJECT KNOWN AS "THE CREST," LOCATED IN SECTION 25 T5S R5E AND A PORTION OF SECTION 31 T5S R6E; A GENERAL PLAN AMENDMENT FROM VERY LOW DENSITY RESIDENTIAL TO HPR AND A CHANGE OF ZONE TO PRE -ZONE TO HPR TO FACILITATE ANNEXATION TO THE CITY AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR NINE LOTS IN THE NORTHEAST CORNER OF SECTION 36 T5S R5E; AND A REQUEST THAT LAFCo TAKE PROCEEDINGS FOR PALM DESERT ANNEXATION NO. 36 Case Nos. GPA 02-01. C/Z 02-01. TT 30438. PP/CUP 02-03. and DA 02-01 (Destination Development Corporation, Applicant). Planning Manager Steve Smith reviewed the staff report, noting that Council had received copies of the Draft Subsequent Environmental Impact Report and Final Subsequent Environmental Impact Report, said copies having been distributed on October 2, 2002. He said correspondence was received today from Carol Freit and had also been distributed to Council. He said with regard to Resolution No. 02-137„ staff wished to change Condition #9 on Page 5 to reflect a front setback requirement of 15 feet rather than 20 feet. On Page 9 of that same resolution, Public Works Condition #27 should also have the reference to golf carts removed so that the condition would apply to the bicycle route only. He reviewed the staff report in great detail and offered to answer any questions. He noted that the Council had originally seen an earlier Environmental Impact Report relative to this property in 1992; the current Subsequent Environmental Impact Report (SEIR) identified impacts associated with the project and mitigations to address those and concluded that the impacts could be mitigated to a level of insignificance. He said the most controversial issue to be identified involved impacts relative to the habitat area for the peninsular big horn sheep and the desert tortoise. The applicant proposed to mitigate this impact through dedication of open space easements and would be conveying via easement or dedication 400 acres of hillside open space plus 880 acres of off -site big horn habitat plus 30 acres of off -site dry wash area for a total of 910 acres. He said with respect to the 33 acres in the northeast corner of section 36, a negative declaration was prepared. That project, the general plan amendment, the 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 prezoning and annexation to the City, would not result in significant impacts to the environment since the proposed designations did not represent a significant change from County zoning. He noted staff felt the project before the Council was superior to the previous plans which had been considered in the past. The most recent plan had 137 dwellings in the area where the golf course was now proposed. He said the golf course architect was committed to blending the golf course into the natural surroundings. Even though they would be fencing off 240 acres in the area of the golf course, they would only be turfing approximately 100 of those acres. The residential village and the clubhouse would blend into the existing natural environment, and the project would result in 910 acres of dedicated natural open space. He offered to answer any questions. Councilman Spiegel stated that Page 7 of the staff report indicated the entry to the site was proposed at an intersection with Highway 74 opposite Homestead Road via a bridge over the Palm Valley Channel. He asked if that would be right turn in/right turn out. Mr. Gaugush stated that, as proposed, this would be full access. Councilman Ferguson asked whether any of the proposed general plan amendments had been sent to the General Plan Advisory Committee for at least a consultation. Mr. Smith responded that they were not. Councilman Ferguson noted that staff had indicated that the negative declaration of impact on the Section 36 property owners was sustained by a finding that the zoning in the City was substantially similar to the zoning in the County. He asked staff to summarize why, then, there was opposition to the annexation. Mr. Smith stated that the City's hillside development standards were more rigorous than the County standards relative to architectural control relative to location of the units on the lots. Upon further question by Councilman Ferguson, he said these would be hillside homes, and it was proposed that they be zoned Hillside Planned Residential. Upon question by Councilman Crites, Mr. Smith stated that the water to irrigate the golf course was proposed to come from a well site that is no longer used by CVWD due to nitrate problems. The water that would be used on this golf course would not be used by residences. Mr. Knight added that according to CVWD, an acre of homes uses approximately the same amount of water as an acre of golf course. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this project. MR. TED LENNON, Senior Vice President of Destination Development Corporation, 74-426 Desert Tenaja, Indian Wells, spoke as the developer and made a presentation to the City Council, a copy of which is on file and of record in the City Clerk's Office. He also reviewed the development agreement, also on file in the City Clerk's Office. Upon question by Councilman Ferguson, Mr. Lennon responded that this development would be in the Desert Sands Unified School District. Councilman Ferguson stated that the staff report noted that at the Planning Commission meeting, the Sierra Club, and the Center for Biological Diversity were opposed to the development because it was on a hillside, and he asked whether the developer had made any inroads with these groups. MR. LENNON responded that there were two different issues. The Center for Biological Diversity were mostly addressing the habitat issues and were banking on what the Fish & Game had said in its original environmental impact report response, that the development had not satisfied Fish & Game. Since then, a letter had been received from Fish & Game that it was satisfied. With regard to the Sierra Club, he said the individual who spoke was on the Trails Committee, and most of the statements from the Sierra Club were not true. He said this development would not take away the trails, and mitigation had been provided. He said there were no major points that could me mitigated. Upon further question by Councilman Ferguson, he said he had not heard from either group and was not aware of either group changing its position since Planning Commission. Councilman Ferguson asked whether there was any scientific data to back up the claim that ground percolation was a complete nitrate filter, and the water that goes back into the aquifer was drinkable when the water that comes out of the well is non -drinkable. Mr. Lennon said he did not have anything scientific now, but the geology reports on the project indicated that it was an excellent percolation area. With respect to the Section 36 property owners, Councilman Ferguson asked what the development would do to accelerate the possibility of their development on those parcels. Mr. Lennon said he felt his development should increase their value; however, the development would not really bring any utilities (sewer, water, gas, and electricity) up to them. Councilman Ferguson asked for Mr. Lennon's position on the request by the homeowners that he honor an agreement with the Miller/Richards Trust dating back to 1982. He said that as shown in the Planning Commission Minutes, there seemed to be concern on the part of the Planning Commissioners and members of the public that as a stand alone project, this project seemed to provide a lot of environmental benefits and was far preferable to the previous developer that wanted to put 127 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 homes in that area; however, would we be cutting off our nose to spite our face if we triggered a whole series of hillside developments along the canyon which can be seen by folks from the Valley floor and other places. He said it all seemed to center around these alleged utility and easement agreements. MR. LENNON responded that there were existing agreements that had been in existence for a long time, and he would never not honor any of the agreements that they took on. He said nothing new by them going forward would trigger any of the development on the hillside. He said were they not planning on honoring any of those former agreements? That is true. He said the statement as made, as he read it, was not really what the agreement said, but that was another issue. He noted that he had worked with CalTrans and City staff on the turnout, and the intersection was not really across from Homestead, it was up the street three to five hundred feet. The engineers all determined that it would easily work with a left turn out, with deceleration lanes both arriving for the right turn in and acceleration lanes on the right turn leaving the project. Upon question by Mayor Pro-Tem Benson regarding the left turn leaving the project, Mr. Lennon responded that the feedback from staff and from CalTrans was that because of the offset from Homestead, there would not be a problem pulling out there. Mayor Pro-Tem Benson expressed concern with the speed of traffic coming down Highway 74 between the entrance to Indian Springs and Homestead. Upon question by Councilman Crites relative to the landscaping, Mr. Lennon responded that someone had made a point to him that they would like to see the density thinned down to allow for growth in the future, and they had committed to that, especially on the golf course. He said at The Reserve, it was required to have homes along the fairways, with vegetation in that area between the homes. He said here the natural rock would come down, and they would be able to avoid adding a lot and overdoing the system. He added that it would all be in drip system. Upon further question, he responded that it would be a similar palette as The Reserve. Councilman Crites said Mr. Lennon had made comment that he was working with the neighboring church to do some work on getting rid of some plants, and the proposal noted that this would be done on -site; he said he assumed Mr. Lennon would work with adjacent properties as well. Mr. Lennon agreed to work with the neighborhood and said he would plant no tamarisk trees. Councilman Crites said archaeological sites were noted, and Mr. Lennon responded that these were very minor, and they had avoided them in general on the golf course, working and designing around them. Other such sites were also minor and were all being mitigated and saved. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 DR. JERRY MEINTS, 71-450 Painted Canyon, Palm Desert, said he had lived in Palm Desert since 1965 and had resided in the Cahuilla Hills since 1972. He said he had five acres directly adjacent to the proposed development and also owned three acres in the red section referred to earlier as "one of the nine lots." He said he and his wife planned to build a smaller home on these three acres and downsize their lives as their children leave home. Under the agreement with the Millers, they were allowed not only access but also roadways and utilities. He said their preference was that this property never be developed, and they would prefer to see it all kept as open space. However, they were realistic, and the Miller family had a perfect right to sell property they have owned for three-quarters of a century. He said Mr. Lennon also had a perfect right to develop this project. Speaking as a naturalist, he said he felt this was one of the most environmentally sensitive projects ever to be proposed in the entire Coachella Valley. He said his concern about being annexed into the City had to do with the loss of rights that heretofore were guaranteed to all of those nine properties by virtue of being in the County. In addition, Section 36 was a homestead section, and the Land Tract Act of 1938 guaranteed them all ingress and egress, utilities, and roadways that could never be blocked to any of those homesteaded properties. Annexation to the City would throw that all up for grabs. He said he understood from an attorney that the Land Tract Act could not be superceded by any municipality; however, the change in the building zone requirements between the County and the City were substantial. He disagreed with staffs analysis that indicated they were not. He said he had respected for many years the Hillside Overlay and wished it were operative in the Cahuilla Hills because some of the hilltop homes that were kind of eyesores would not be there and would instead be settled into "little saddles" that did not damage the natural environment or become an eyesore. He said seven of the nine lots were not visible at all from Highway 74, and n one of them was visible from the Cahuilla Hills. He said with the loss of rights, with some guarantees being kept and others not being kept, he was concerned that what might occur as a result of annexation to the City was an adverse taking of their property by the City and/or the developer. He said there had been little concrete proposals from the developer to address their concerns and their desires to build on their property. The Planning Commission urged the developer and the City to begin to have dialog with those nine property owners, none of which had really taken place other than some curb -stop comments. He said if their rights to develop their properties were ratcheted down as dramatically as this plan would propose, in contrast to what Mr. Lennon had alluded to previously (that their property would become more valuable), their property would actually become less and less valuable. This would constitute some form of adverse taking of their properties. MS. LEEANN CHAVEZ, 72-304 Valley Crest, Somerset, said she was an affected neighbor and had attended both Planning Commission meetings. She said she was disappointed that there had not been full disclosure. She 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 said Planning Commissioners and Council had asked questions about the groundwater. She had looked through the EIR, and it was all in there; it indicated they expected to use three acre feet of water per day, and she did not know how one well could supply three acre feet if it was a high nitrate well. Another question she had was what level of nitrate was that well. If it is above the standards of use, it may be considered pollution to put it on the ground. She asked if the proponent had consulted the appropriate agencies to see if they needed to treat that water. She said the concept of nitrate polluted water cleaning itself to the water table went out with the 70's. She also noted that a permit is needed if one is going to discharge waste, and this was polluted water. If it is a low level of nitrate, it may be acceptable, but she asked that this not be glossed over as if it is a minor issue. Another concern she had was that it was her understanding that this area was being set aside for open space. A lot of people are using that area right now, and it did not seem to be the best thing for the City to allow more development when there is Tess and less area for people to go and be in nature. She expressed concern for hillside development in general, and there would have to be blasting done in order to complete this development. She said it did not make sense for her to tear down the beautiful geologic formations to build another golf course or houses in a flood plain. With no further testimony offered, Mayor Kelly declared the public hearing closed. Upon question by Councilman Ferguson, Mr. Lennon responded that the nitrate in this water was just barely above potable. He said they bought one more well from the CVWD which they use on the Palm Desert site and The Reserve site, and it was the same thing. He said the Water District encourages this, and the nitrate helps the grass grow, thus requiring less fertilizer on the golf course. Most of the nitrate in that water was caused by having septic tanks there for such a long period of time. Councilman Ferguson asked what environmental regulatory agencies reviewed the EIR with respect to water. MR. JOHN CRISTE, Terra Nova Planning & Research, Inc, Palm Springs, CA, responded that they had consulted with the Regional Water Quality Control Board, the CVWD, and through the State Clearinghouse to State offices to review this, and they had transmitted the document to these groups. In addition, they went to the County. Councilman Ferguson stated that with respect to the Center for Biological Diversity, it seemed Mr. Lennon implied in his answer to question that they opposed the EIR on the basis of Fish and Wildlife comments, that a Fish and Wildlife later amended and gave approval to it. MR. LENNON responded that the Center for Biological Diversity did not make a formal response to the Environmental Impact Report, nor did the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 Sierra Club at that time. The Center for Biological Diversity came to one Planning Commission meeting and made statements about the Fish & Game issue, just as a general statement. He said he did not go back to them. Councilman Ferguson said he and Dr. Meints had been working on this property going back seven years when he was on the Planning Commission and the original proposal for The Crest came forward. He said he had spoken with Betty Barker and Russell Davis and became familiar with comments from other property owners. He said he did not necessarily agree with Dr. Meints about visibility and said the City's ordinance does require line of sight analysis to find out exactly how much is visible and how much is not, and a very tasteful balance could be found. He said the problem he had with County standards is that the result is the type of development in Cahuilla Hills, although he meant no offense to the people who live there. His concern was that if this area is not annexed into Palm Desert, those properties will not fall under the City's ordinance, and the City will not have those controls and ability to make sure tasteful development is done. He said the City had a fairly good track record in working with most of the hillside property owner developers. In many cases, the City's preference is to go ahead and acquire the properties, but it has never been to acquire property that is down -zoned or devalued by the entitlement process. He said he felt everyone wanted the same thing; however, he was convinced that will not happen if those properties are left in the County. In terms of Dr. Meints' legal analysis, he said he was right that the Homestead Act of 1925 does guarantee property owners the utility and access easements referenced, but they have to occur along section lines and the property owners have to bear the costs to bring them in. He said he did not feel anything Mr. Lennon was doing would preclude the homeowners from doing that, but the value of the properties as they sit today, coupled with the costs of bringing those easements to the properties, did not make the development attractive. He noted that most of the attention on this project has focused on residual impacts that do not affect the project itself. He said he would far prefer having a golf course up there, particularly if it can use water that is non -usable now and returns it to usable form as opposed to 127 homes with a halo effect, with the impacts from traffic and cars and everything else. He said the lower portion at 44 units was somewhat reduced from what it was before, and it would really dress up that area and be a very quality development. He added that if he were asked to vote tonight, he would have to say that he was in favor of the project as currently proposed, with the caveats he referenced earlier about the questions. Councilman Crites said he felt this was a much improved project over what was before Council previously, and he would join Dr. Meints that in the best of worlds, this would be public -owned. He said there had been attempts to put this into public ownership, and the price was remarkably high and was probably not the best use of that amount of money for a given amount of 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 space in terms of habitat values and other things. He said he shared his colleague's concerns that most of the discussion is about what we do in Section 36, and he was not sure he was quite as comfortable about the City's track record with hillside development. He noted that he would be ready to vote for the "Item A", as he felt this was a good proposal on "Item C". He said he did think this would have a halo effect of encouraging development, and he felt what was in the County was not something the City would be comfortable with. He said he would like to look at possibly separating this from the hillside planned residential area and to put some very specific requirements in this area that still give the right for one home per property, that makes sure the City has the ability to look at home size and colors, etc. He said he felt there were things the City could do in this nine -lot area that could be a model for how it should be done everywhere else in the Valley. Mayor Pro-Tem Benson agreed with the comments made that this is probably the best development the Council had seen for this area; however, she said she was reluctant to approve another golf course on a hillside when she did not feel there was a need for it. Councilman Spiegel said staff indicated there was really not much difference between what the County standards are and what City standards are with regard to hillside development. Dr. Meints indicated there were dramatic differences and that it would amount to adverse taking of property if those properties became part of the City. He said he would like to know from staff what the differences are. He said he felt no development on the hillsides was good development. Mayor Kelly said he felt there would be no adverse impact to the residents, and this was the best project the Council had seen anywhere in the Valley. As far as another golf course, he said he related another golf course in the Coachella Valley as something like another corn field in Iowa. Golf was the Coachella Valley's economy. He said he liked the idea that there was almost no impact on police services and schools, there was a lot of open space dedication, and it would also provide for trail heads. Councilman Ferguson moved to: 1) Approve Items A, C, and D as listed in the staff report dated September 17, 2002, to the Planning Commission; 2) continue Item B until such time as the City's entire Hillside Planned Residential Ordinance can be looked at through the General Plan Advisory Committee; 3) with respect to the nine property owners in Section 36 who really are not a part of this project, annex them into the City and work with those property owners and other hillside owners; 4) obtain a legal analysis from the City Attorney about the adverse taking of property. Upon question by Councilman Crites, Councilman Ferguson responded that the City would begin the process of annexing the residents of the nine Tots 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 in the northeast corner of Section 36 into the City and that we begin working on the zoning for the Hillside Planned Residential zone all along west of Highway 74 and treat all hillside homeowners the same, as this is the only hillside development part of this project that is otherwise a golf course. He noted that he would entertain anything that achieves those goals perhaps by a different route. Mr. Erwin noted that LAFCo would not proceed further unless there is a prezoning, which is Item B. Councilman Ferguson suggested annexing them in under the Hillside Professional, with the commitment that we would go ahead and work on an amendment to that zoning ordinance that addresses all hillside property owners the same. Councilman Crites stated that this issue was one having to do with new lands being annexed in, and he felt that was a reasonable issue. This had to do with lands that are not in the City that would come into the City. He said as it existed now, he was not sure that what the City will end up with is what it wants. Councilman Ferguson said he was loath to let this acreage hold up the possible dedication of 1,028 acres to open space and a multi -million dollar project because the City has not done its homework with the neighbors about what appropriate hillside development is. Mayor Kelly suggested moving ahead while still looking at the Hillside Ordinance. Councilman Ferguson agreed and said he would like to approve the project at this meeting. Mr. Drell said staff could illuminate all the differences between the County and the City, and it could also initiate a specific plan to carefully analyze the impact of the City's ordinance on those properties to identify in a preliminary action where we believe the likely approvable homesites would be, so the property owners would know with far greater certainty exactly what the impact would be of the City's implementation of its ordinance. The City would then be able to assess its ordinance as well. Councilman Ferguson asked if this could be done as part of the General Plan Advisory Committee, and Mr. Drell agreed. Mr: Drell noted that the City's ability to control the annexation of the smaller property was dependent upon it being attached to the larger annexation, so it could not separate the annexation of the nine Tots from the annexation as a whole. He said between now and second reading, staff could put together an analysis that tries to show what staff believes would be the result of the City's ordinances being applied to their properties. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 Councilman Ferguson stated that, in other words, we could make a good faith effort. If it does not happen, the Council would not have to vote for it on second reading. Councilman Crites asked if we could also make whatever changes we think might be appropriate here. Mr. Drell responded that we could initiate those changes. He noted that changing ordinances was a legal process that would have to go through the system, but the City Council, upon that analysis, could initiate and direct staff to proceed with those changes. Councilman Ferguson amended his motion to approve Items A, B, C, and D as proposed by staff, with the direction that we proceed as good faith, diligent efforts as possible to do what it takes to meet Councilman Crites' and some hillside owners' concerns about the City's existing Hillside Ordinance. Mr. Erwin stated that if Items E and F as listed on the staff report dated October 24, 2002, are not approved, the Council has separated the nine lots from the 640. Councilman Ferguson proposed putting a committee together with some Council liaison to work with staff and these residents. Mayor Kelly seconded the motion. Councilman Crites said it was his understanding that this would come back to the Council when this other material is available, and Mr. Erwin agreed. Mr. Drell noted that the zoning actions required second reading by the Council. He said staff would not be able to get the requested information back to the Council by its packet because that would have to be done by next Tuesday. He asked if Council would rather have the information presented at that meeting or if it wanted to wait an additional meeting to bring it back for second reading. Mayor Pro-Tem Benson noted that there would only be one City Council meeting in November, and Mayor Kelly suggested that it could be brought back at the first meeting in December. Mr. Drell stated that this would delay the project by six weeks as well. Councilman Ferguson agreed to include this in his motion. MR. LENNON stated that it was his understanding LAFCo had a meeting in December, which he was trying to get this annexation to; otherwise, it would have to wait until February, and they would lose almost two months. Upon question by Councilman Ferguson, he said this would also affect the entire 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 process of getting the development off the ground, being able to go to market with it, etc. He asked if it would be possible for the motion to state that there would be an attempt made to get the proper information to the Council to make that November meeting; if it does not happen, the Council could make a decision at that time that it does not have enough time to analyze the information and put it off to the first meeting in December. Councilman Ferguson agreed to include this in his motion. Mr. Drell noted that a specific plan could be done after annexation. For example, the City annexed Palm Desert Country Club under the existing County zoning and then did a specific plan after the fact. Mayor Kelly called for the vote, and the motion carried by a 3-2 vote, with Mayor Pro-Tem Benson and Councilman Spiegel voting NO. For clarification purposes the motion was as follows: Councilman Ferguson moved to approve staff's recommendation on a good faith basis as follows, with the amendments stated for Resolution No. 02-137 and requesting that before second reading of Ordinance Nos. 1027, 1028, and 1029 occurs, an analysis of the issues with the Hillside Ordinance and the nine lots be completed, making every effort to do so for the meeting of November 14, 2002: Waive further reading and: 1) Adopt Resolution No. 02-135, certifying a Draft Subsequent Environmental Impact Report and Final Subsequent Environmental Impact Report prepared for the project known as "The Crest;" 2) adopt Resolution No. 02-136, approving a General Plan Amendment from Open Space (O.S.) and Hillside Planned Residential (HPR) to O.S. for the entire 640 acres as it relates to Section 25 T5S R5E; 3) pass Ordinance No. 1027 to second reading, approving a Change of Zone from O.S. and HPR to O.S. (pre -zoning to facilitate annexation to the City) for 640 acres relating to Section 25 T5S R5E; 4) adopt Resolution No. 02-137, approving a Tentative Tract Map and Precise Plan/Conditional Use Permit for an 18-hole golf course, driving range, comfort station, and open pavilion located on 240± acres in the southeast corner of Section 25 T5S R5E (remainder of Section 25 to be dedicated to open space) and a residential village (44 lots), a clubhouse and maintenance facility located on 63± acres in the northwest corner of Section 31 T5S R6E; 5; 5) pass Ordinance No. 1028 to second reading, approving a Development Agreement relating to the project known as "The Crest," located on property in Section 25 T5S R5E and a portion of Section 31 T5S R6E; 6) adopt Resolution No. 02-138, approving a General Plan Amendment from very low density residential to HPR, and a Negative Declaration of Environmental Impact as it relates thereto for nine lots in the northeast corner of Section 36 T5S R5E; 7) pass Ordinance No. 1029 to second reading, approving a Change of Zone to pre -zone to HPR to facilitate 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 annexation to the City and a Negative Declaration of Environmental Impact as it relates thereto for nine lots in the northeast corner of Section 36 T5S R5E; 8) adopt Resolution No. 02-139, requesting LAFCo to take proceedings for Palm Desert Annexation No. 36. Motion was seconded by Kelly and carried by a 3-2 vote, with Mayor Pro-Tem Benson and Councilman Spiegel voting NO. XVIII. REPORTS AND REMARKS A. CITY MANAGER Councilman Spiegel moved to add the following item to the Agenda. Motion was seconded by Crites and carried by a 5-0 vote. 1. Request for Authorization to Award Bid for Improvements to the Bathroom Facilities on the Desert Willow Fire Cliff Course. Councilman Spiegel moved to, by Minute Motion, authorize the City Manager to award the bid for improvements to the bathroom facilities on the Fire Cliff Course. Motion was seconded by Crites and carried by a 5-0 vote. B. CITY ATTORNEY Councilman Crites moved to add the following item to the Agenda. Motion was seconded by Ferguson and carried by a 5-0 vote. 1. Consideration of Temporary Parking on the Homme/Adams Park Site. Mr. Erwin stated that the Council had, at its last meeting, approved authorization for use of the temporary parking lot by the church for the months of January, February, and March. A request had now been made that it be from November 4, 2002, through March of 2003. Councilman Spiegel moved to, by Minute Motion, approve the request for temporary use of the parking area at Homme/Adams from November 4, 2002, through March 2003, with staff reminded to return to the Council with a report and recommendation for permanent use of the parking area. Motion was seconded by Benson and carried by a 5-0 vote. C. CITY CLERK 1. Consideration of November and December 2002 Schedule for Regular City Council and Redevelopment Agency (RDA) Meetings, Scheduling of Adjourned Meeting for Declaration of Election Results, and a Study Session Regarding Magnesia Falls Drive. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 Mrs. Klassen asked for clarification of the schedule for City Council meetings in November and December 2002. She also noted that an adjourned meeting would have to be held to declare results from the November 5th election. With City Council concurrence: 1) Cancel the second meeting in November (November 28, Thanksgiving Day); 2) schedule adjourned meeting for declaration of Election Results for December 3 at 2:00 p.m., subject to confirmation from Councilman Crites. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: Mayor Pro-Tem Benson moved to add the following item to the Agenda. Motion was seconded by Spiegel and carried by a 5-0 vote. 1. Consideration of Request by McCallum Theatre for Sponsorship of the "Dance Under The Stars" Program (Councilman Robert A. Spiegel). Councilman Spiegel stated that the City had financially supported this program in past years. He said it is a two-day event, with the amateur portion being done in the past in the Amphitheater stage in the Civic Center Park, and the professional portion being done at the McCallum Theatre. It was decided this year that both portions be held at the McCallum Theatre because of the possibility of work being done at the Amphitheater. He said they had agreed with the City to announce the winner of the professional group and have that group perform next summer at the Summer Concerts free of charge. They would also like the Mayor to make the presentation at the McCallum Theatre. Finally, a sponsorship of $10,000 had been requested. Councilman Spiegel moved to, by Minute Motion, approved sponsorship of the subject program in the amount of $10,000. Motion was seconded by Benson and carried by a 5-0 vote. 2. Councilman Spiegel commented that he had asked the City Attorney to provide a response to his request for review of an Ethics Code for the City of Palm Desert. He had received information from the City Attorney, leading him to believe that there should two codes, one for staff and one for the City's Committees and Commissions. He suggested two Councilmembers and the City Attorney work together to 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 develop such Codes. Councilmen Ferguson and Spiegel volunteered. The City Council concurred that Councilmen Ferguson and Spiegel work with the City Attorney to develop the draft policies. o City Council Committee Reports: None o City Council Comments: 1. Councilman Ferguson reported on a youth event to take place at six o'clock on Saturday, October 26, at Desert Willow Golf Resort on the site of the temporary clubhouse. The event was being put on by the Desert Sun to unveil its new website for youth. He said contemporary musicians would perform and up to 1,000 were expected to attend. In Tight of that, Desert Willow, Public Works staff, and the Sheriff's Department met to develop a plan for event parking. Mr. Gaugush reported that it was decided that permitting on - street parking along both Portola Avenue and Frank Sinatra Drive would be sufficient for the event. Further, illumination would be provided with rental light systems at the intersection of Portola/Frank Sinatra and at the site entry from Portola. He stated that the Sheriff's Department would also be on -site to assist and support the efforts. Additionally, a message board would be rented to be posted at both north- and southbound Portola at Country Club, as well as at Frank Sinatra, indicating a special event was ahead; motorists should reduce their speed. Responding to question, Councilman Ferguson stated that the interest had increased substantially since the announcement of the event, food vendors would be on hand to serve free refreshments and hors d'oeuvres, and there would be some entertainment followed by the grand unveiling of the website. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2002 XIX. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting to Closed Session at 6:14 p.m. Motion was seconded by Crites and carried by a 5-0 vote. Mayor Kelly reconvened the meeting at 6:40 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: tibia R • CHELLE D. KLASS , CITY CLERK CITY OF PALM DESERT, CALIFORNIA 25