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HomeMy WebLinkAboutPrelim - CC - 10/24/2013 DRAFT �% �� � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 24, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Harnik convened the meeting at 3:00 p.m. 11. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Robert A. Spiegel arrived at 3:03 p.m. Councilman Van G. Tanner Councilmember Susan Marie Weber arrived at 3:08 p.m. Mayor Jan C. Harnik Also Present: John M. Wohlmuth, City Manager Robert W. Hargreaves, Assistant City Attorney Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Dorian Cooley, Deputy Chief-Eastern Operations, Riverside Co. Fire Dept./Cal Fire Bill Sullivan,Asst. Chief, Palm Desert Police/Riverside County Sheriff's Department Grace L. Mendoza, Deputy City Clerk Upon inquiry by Mayor Harnik, Ms. Klassen confirmed that the agendas for today's City Council and Successor Agency Meetings had all been posted in accordance with the Ralph M. Brown Act. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 With City Council concurrence, Mayor Harnik 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- Councilman Robert A. Spiegel VI1. INVOCATION - Mayor Jan C. Harnik VIII. ORAL COMMUNICATIONS - B MR. DAVID MOURHESS, Colorado Street, Palm Desert, CA, noted that he was Chairman of the Board of Directors of the Palm Desert Area Chamber of Commerce, and it had come to their attention that the City will soon be celebrating its 40th anniversary of incorporation - November 26, 1973. Therefore, he noted the small token of appreciation left on each Councilmembers' and staff members' places at the Chamber dais-a Hostess Twinkie, complete with birthday candle. On behalf of the 1,000+ members, professional staff, all-volunteer team of ambassadors and Board of Directors of the Chamber of Commerce, he expressed heartfelt thanks to the City Council for its efforts on behalf of the City and the Coachella Valley, and that it was truly a privilege to live, play, and work in Palm Desert. He said they look forward to the next 40 years with the same enthusiasm and hope. He then led Board Members from the Chamber of Commerce in attendance and the rest of the audience in singing "Happy Birthday, Palm Desert." 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A-1. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, OCTOBER 24, 2013, AS "MILO STEWART DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Harnik presented the proclamation to Mr. Stewart for his textbook execution of life-saving technique while on-duty as a lifeguard at the Palm Desert Aquatic Center, when he rescued a young boy from drowning on Monday, July 29, 2013. MR. BEN HOBBINS, American Red Cross Board of Directors Vice Chair, also personally recognized Mr. Stewart for his heroism, noting that he, too, was a former lifeguard and avid swimmer, and was present at the Aquatic Center the day of the incident. He was very proud of Milo's actions that day, a product of his training and instincts that allowed him to come to the aid of the young boy who will now go on to have a long and productive life, and he thanked him on behalf of the Regional American Red Cross Chapter that serves Orange, Riverside, and San Bernardino Counties. A-2. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, OCTOBER 24, 2013, AS "SUE DUFFY AND PATRICK SCHRUBEN DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Harnik presented a proclamation to Ms. Duffy to honor hers and Mr. Schruben's most generous and valuable contributions to the Historical Society by donating custom framing of the award-winning "Mini-Muster" artworks by their business, Express Frame, Palm Desert, for the past 11 years. The artworks then are displayed for one year in the Fire Stations that are nearest the five different elementary schools where the children attend, after which they are presented to the children. A-3. PRESENTATION OF 2013 "MINI-MUSTER" FIRE SAFETY PROGRAM RECOGNITION AND ARTWORK AWARD CERTIFICATES. MRS. MADONNA MARMAN, Mini-Muster Coordinator, expressed appreciation to Desert Sands Unified School District,the City of Palm Desert, Firefighters of the Palm DesertJRiverside County Fire Department, and the Historical Society of Palm Desert for all the support and efforts to make this year's 21St Annual Mini-Muster another great success. She presented certificates of appreciation and engraved plaques to the City,the Elementary School Principals and staff, to the Fire Stations and Firefighters, and once again thanked all for their contributions and support. 3 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 On behalf of the City Council, Mayor Harnik presented Artwork Award Certificates to Third Graders from Palm Desert Elementary Schools, whose award-winning entries were displayed in the Council Chamber foyer for today's meeting: — Sebastien Nail, James Carter Elementary School —Jianna Martinez, Gerald Ford Elementary School — Jazmin Olivas-Pacheco, Abraham Lincoln Elementary School — Carolina Flores, Ronald Reagan Elementary School —Tayla Berg, George Washington Charter Elementary School MS. JAN HOLMLUND, Historical Society of Palm Desert Member, wanted to take special note that the Mini-Muster has been held in the City for over 20 years, and it is a formal program between the Desert Sands Unified School District Board, Fire Department, Historical Society, and the cities. She said it was believed that over 13,000 young safety ambassadors have been trained through this very important annual event for third graders at the five elementary schools. She emphasized the importance of this program to the community and hoped that it would extend throughout California. She thanked all who contributed to this valuable training that teaches every third grader how to be fire-safe, and then they're asked to go out in the community and teach everyone else. Therefore, it was expected that the 13,000 number has been extended far beyond all the third grade students who've taken Mini-Muster lessons. She recalled for everyone that Mini-Muster began when former Palm Desert Mayor Ed Mullins helped get it started as a member of the Historical Society. Further, she said this year's event was rather exceptional, calling attention to Madonna and John Marman's coordination of Mini-Muster for over 10 years. She noted that several weeks ago John suffered a severe stroke, and she wanted to acknowledge and sincerely thank Madonna for not only taking good care of John since that happened, but also for taking good care of Mini-Muster this year, going well above the call of duty to do so. B. PRESENTATION TO THE CITY COUNCIL BY THE RIVERSIDE COUNTY OFFICE ON AGING. MS. LORI WEATHERS, Program Manager for the Riverside County Office On Aging and RSVP Volunteer Program Director, called attention to the statistical hand-out just provided to Councilmembers. She thanked the City of Palm Desert for all the support it's given overthe years,with the Office On Aging also turning 40 years old this year in June and RSVP turning 42 years old. She especially thanked the small group of people who were with her today, Palm Desert Citizens On Patrol Volunteers(COPS),who put in many hours helping to protect the City's streets. She also introduced Leo Sullivan, an RSVP Advisory Council Member and a California Senior Legislator. She went on to report that in the United States there are 10,000 "Baby 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 Boomers"/day turning 65 years of age. Based on Palm Desert's 2010 Census figures that reflect a population of 48,400, she said that approximately 26,000 of them were over age 50. RSVP is a volunteer program specifically for people age 55 and older to keep them active, involved, and engaged in their communities. She referred to the handout and noted that there were 263 Palm Desert citizens serving in RSVP, with over 1,000 volunteers serving throughout the Coachella Valley. There are over 100 volunteer sites, a large number of them being in Palm Desert(i.e., The Living Desert, COPS, Joslyn Center, McCallum Theatre), with 256 people actively volunteering right now at the Palm Desert locations. For the period of January 1 - August 31, 2013, she reported that those 256 people have volunteered over 17,000 hours, representing approximately$430,000 of value added to the City of Palm Desert thanks to these citizens and volunteers of RSVP. She again thanked all the volunteers, especially those present in the Chamber today. She wanted it to be known that there are volunteer sites and positions and opportunities throughout the Coachella Valley, including special events that are coming up through the season this year at Joslyn Center, The Living Desert, McCallum Theatre, and Desert Samaritans' Fit After 50. She related that the Office On Aging actually sponsors RSVP, a nationwide program that is federally funded with a small grant,along with donations received from entities like the City of Palm Desert representing some of the matching funds. She again expressed sincere gratitude to the City for the donations and support it provides, adding special thanks to Councilmembers who've been very active in activities they sponsor, like the Senior Inspiration Awards, and they, in turn, look forward to continuing to provide support to the City of Palm Desert in the future. Mayor Harnik thanked Ms. Weathers, adding that everyone's quality of life is increased greatly by the level of volunteerism seen in this community. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 10, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 80, 83, 84, 85, 90, and 91. Rec: Approve as presented. C. YOUTH COMMITTEE MINUTES for the Meeting of September 9, 2013. Rec: Receive and file. 5 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 D. REQUEST FOR DECLARATION of 13 City Vehicles as Surplus and Authorize Disposal at Auction. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. E. REQUEST FOR AUTHORIZATION for Staff to Negotiate a Design-Build Contract for the Material Bin Cover Structure Project(Contract No. C33120, Project No. 705-14). Rec: By Minute Motion,authorize staffto negotiate a Design-Build Contract for the Material Bin Cover Structure Project. F. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C32620 — Decreasing the Contract Amount for Landscape Maintenance Area No. 7 by ($4,187.92) (Project No. 907-13). Rec: By Minute Motion, approve Amendment No. 1 in the decreased amount of ($4,187.92) to the subject contract with Kirkpatrick Landscaping, Inc., Indio,California,for Landscape Maintenance Area No. 7—funds are available in the respective Landscape and Lighting District Accounts. Councilman Spiegel requested item D be removed forseparate action under Section XI, Consent Items Held Over. Upon a motion by Tanner, second by Spiegel, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER D. REQUEST FOR DECLARATION of 13 City Vehicles as Surplus and Authorize Disposal at Auction. Councilman Spiegel inquired about the auction company and suggested giving the residents of Palm Desert an opportunity to bid on the vehicles. Mr. Greenwood said the City has been using an auction company in Carson, California, and since using this auction house, the City has received up to five times the amount it was getting when it was disposing of them locally. Councilman Spiegel moved to, by Minute Motion,declare 13 Cityvehicles as surplus and authorize disposal at auction. Motion was seconded by Weber and carried by a 5-0 vote. 6 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 XII. RESOLUTIONS None XII1. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1265 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2013 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS,TITLE 24,AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS. Mr. Grance stated this Ordinance is the first reading for the adoption of the 2013 Edition of the California Building Codes. The Building Standards Commission adopted the 2013 Edition of the Codes effective July 1, 2013, and local agencies have six months (January 1, 2014)to adopt the new codes. These codes include the California Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Codes, California Green Building Standards Code, and the California Fire Code. The State Building's Standard Commission allows the City to have amendments, but they have to be justified by virtue of local climatic, geological, topographical, or environmental conditions, and they have to be filed with them before the amendments can become effective. He said Palm Desert has had local amendments that were administrative with the exception of the Fire Code. He noted copies of the proposed Ordinance was provided to the Building Industry Association (BIA), and the Desert Valleys Builders Association (DVBA), and the City only received comments from DVBA. He said a revised Ordinance was provided to the Council that included last minute modifications. He said the first modification on page 15, Section 508.1 - General is amended to read as follows: "Where required by other sections of this Code and in all buildings classified as high-rise buildings by the California Building Code, and buildings greater than 300,000 square feet in area, and Group 1-2 occupancies having occupied f/oors/ocated more than 75 feet above the lowest /eve/ of fire department vehic/e access, a fire command center for fire department operations shall be provided and shall comp/y with Sections 508.1 through 508.1.5." Councilman Spiegel asked how the amendment related to what was currently in place. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 MR.JAMES FRADER, Riverside County Fire Marshal, responded the change is in the first sentence where it specifically states buildings greater than 300,000 square feet in area; the rest of this particular code section is already in the base code requirement. Therefore,the amendment identifies not only that in high-rise buildings and I-2 hospital buildings over 75 feet and buildings larger than 300,000 square feet, a fire command center of some kind will be sought. He said 300,000 square feet equated to about two '/2 times the size of a Costco store or two times the size of a Walmart Super Center. Responding to question, he agreed potentially the size of a Marriott as well. Mr. Grance stated the second modification is on page 15, where Section 508.13 of the 2013 California Fire Code is amended to add the following Exception: "When solely required due to building area greater than 300,000 square feet, the fire command center shal/be a minimum of 96 square feet with a minimum dimension of 8 feet." Third modification is on page 15, where Section 508.1.5 of the California Fire Code is amended to add the following Exception: "When solely required to building area greater than 300,000 square feet, the fire command center shall comp/y with NFPA 72 and contain features 5, 8, 10, 92, 13, & 14. A/l other features sha/l be provided on/y when the building contains the respective systems/functiona/ify." Councilman Spiegel asked about the number of buildings in Palm Desert that are more than 300,000 feet. Mr. Grance responded it was less than a hand full. Councilman Spiegel asked if Westfield was more than 300,000 square feet. Mr. Wohlmuth answered yes. Mr. Grance continued with the fourth modification on page 17, where Section 903.28 Group R Occupancies is to read as follows: "An automatic sprink/er system insta/led in accordance with Section 903.3 sha!l be provided throughout all buildings with a Group R�re area." He explained the requirement for sprinklers in attics was stricken out of the Code, because it was a concern of the DVBA, so it was modified. He said modifications on page 19 under Section 104.3.2 Authority of the Fire Chief and Fire Department are primarily clerical changes and are as follows: Under Item 1, the words "Board of Supervisors" was stricken and replaced with "Palm Desert City Council." Item 2, the words "Riverside County"was replaced with "City of Palm Desert." Item 3, subsection f, "Riverside County 8 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 Enforcement DepartmenY' was stricken and replaced with "City of Palm Desert Code Compliance Division." He said in the process of updating the Code,the Fire Department provided staff with these new wordings,which formalized codes throughoutthe County and different jurisdictions; it also cleaned up clerical mistakes. Responding to question, Mr. Grance confirmed modifications to Section 903.2.8 Group R regarding sprinklers in attics addressed DVBA's only concern. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1265 to second reading with the amendments as presented for the record at this meeting. Motion was seconded by Weber. MS. GRETCHEN GUTIERREZ, CEO for the Desert Valleys Builders Association (DVBA), thanked the Council for the opportunity to provide input on this particular matter. She said there was a great deal of discussion between her office, City staff, and the Fire Marshall's Office. She said they received a lot of education from the Fire Marshall's Department and DVBA imparted its point of view and perspective to them as well. She specifically thanked the Fire Marshall's Department for working with them over the last couple of days and looks forward to the Council adopting this particular Ordinance and taking the entire reading at the next City Council meeting. She again thanked the Council for taking the time to hear their issues, because in the course of this, they realized there was miscommunication and learned they were not fully up to speed. However, they were able to work it all out in the last couple of days, and they came to a satisfactory resolution. Mayor Harnik called for the vote, and the motion carried by a 5-0 vote. B. For Adoption: None 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 XIV. NEW BUSINESS A. CONSIDERATION OF ATEMPORARY USE PERMITTO CLOSE STREETS AND SIDEWALKS OWNED BY THE CITY OF PALM DESERT ON EL PASEO BETWEEN HIGHWAY 74 AND OCOTILLO DRIVE, TO ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THIS AREA, AND TO APPROVE THE ANNUAL ONE-DAY EVENT KNOWN AS "BEHIND A MIRACLE (BAM)" FOR 2013 - 2016, Case No. TUP 13-317 (Chartwell Properties, Applicant). Associate Planner Eric Ceja noted the staff report and offered to answer any questions. Councilman Spiegel asked about the number of years the event had taken place in the City and commented that it has raised a lot of money. Mr. Ceja replied the event had gone on since 2010, raising funds for Breast Cancer Research, stating many of those funds went to the Luci Curci Cancer Center at Eisenhower. Councilman Spiegel moved to, by Minute Motion, approve Temporary Use Permit No. 13-317 to close streets and sidewalks owned by the City of Palm Desert on EI Paseo befinreen Highway 74 and Ocotillo Drive, to allow the consumption of alcoholic beverages within this area, and to approve the annual one-day event known as "Behind A Miracle (BAM)" through 2016, subject to conditions. Motion was seconded by Weber and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE CITY'S FY 2013 HOMELAND SECURITY GRANT PROGRAM APPLICATION. Mr. Aryan noted the staff report and offered to answer any questions. Councilmember Weber stated that having gone through the Community Emergency Response Team (CERT) course, she knew it was a valuable contribution provided to the community. Mayor Harnik stated the more the City can prepare the community for any disaster, the better off it was. Councilman Tanner moved to: 1)Waive further reading and adopt Resolution No. 2013 - 61, supporting the City's FY 2013 State Homeland Security Grant Program Application; 2) By Minute Motion, appropriate $9,244 from the Unobligated General Fund Account and transfer into Account No. 110-4130-411-3090 forthe Program; 3) By Minute Motion, authorize the City Manager to execute any required Grant documentation. Motion was seconded by Weber and carried by a 5-0 vote. 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 C. REQUEST FOR DETERMINATION OF A FINDING THAT FURTHER DEVELOPMENT OF LOTS IN THE CANYONS AT BIGHORN CAN PROCEED WITHOUT FURTHER DRAINAGE ANALYSIS (Bighorn Development, LLC, Applicant). Mr. Greenwood noted the staff report and offered to answer any questions. Councilman Spiegel asked if staff looked at the lots and determined there was no need for further analysis. Mr. Greenwood said there are lost records in this case where Bighorn has been developing for 15 to 16 years, but the base hydrology studies and water runoff calculations are misplaced; none of the parties involved have a copy. On the other hand, in the recent storm experience, the project performed adequately, stating there was just superficial damage near the streets. Although City staff didn't have the paper records, it had the physical evidence that indicated the drainage system was adequate and it met the standards. The one caveat is that as each house is developed, the project engineer for each of those lots is completely responsible for the drainage calculations; it the responsibility of the engineer to ensure flooding does not occur and the City is not assuming that liability. Mayor Harnik asked if the pads were already graded. Mr. Greenwood answered yes, stating the pads already exist. Mayor Harnik pointed out the letter from Bighorn indicated the recent storm was the severity of a 150-year to a 200-year event, and if it withstood that, the drainage system may be okay. Councilman Spiegel moved to, by Minute Motion, find that further development of Iots in The Canyons At Bighorn can proceed without further drainage analysis. Motion was seconded by Weber and carried by a 5-0 vote. D. REQUEST FORADOPTION OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENT'S (CVAG'S) 2010 NON-MOTORIZED TRANSPORTATION PLAN (NMTP). Senior Management Analyst Ryan Stendell noted the staff report and offered to answer any questions. Councilmember Weber expressed opposition to implementing the whole cross-valley plan at this time, stating that with the current economy, losses of jobs, and people trying to make a living, people are worried about more things than riding a bike across the valley. She said it was scary there was so much focus and effort on this at this time. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 Mr. Stendell said he wanted to make sure the Council was not confusing this item with the Coachella Valley Link (CV Link). He said the Mid-Valley Bikeway is a plan the City has been undertaking for many years, which is utilizing a channel that,forthe most part, parallels Interstate 10, and CVAG's (Coachella Valley Association of Governments) Non-motorized Transportation Plan(NMTP)did a good job of mirroring Palm Desert's goals. In fact, the map didn't show the CV Link. The CVAG Plan shows a path on Magnesia Falls and then connecting to an existing Class 1 pathway behind Palm Desert High School. Councilmember Weber asked if this was only about bike paths. Mayor Harnik added this plan was for non-motorized. Mr. Stendell stated he couldn't say CV Link was not necessarily a part of the Non-motorized Transportation Plan, but the reason staff was trying to adopt CVAG's Non-motorized Transportation Plan, was to achieve a mid-valley bikeway, which is on the northern end of town bordering the freeway. The NMTP, in this respect, mirrors the goals and objectives of the City. Councilman Spiegel asked if the City had a grant for this. Mr. Wohlmuth explained the City's project has been funded partially by CMAQ(Congestion Mitigation&AirQuality)Funds received in 2008 or2010. The City has endeavored to align a bike path to the east and west of the University sites to allow future students and residents at the University Village that is aligned along Interstate 10. In order for the City to continue that project, after receiving $2.2 million from CMAQ funds to date, and hopefully future CMAQ or other funds to finish it, staff needs to have that facility identified in the non-motorized plan. The Non-motorized Plan was prepared in 2010 and will potentially be updated in the future to include a CV Link type of project. He said they are doing the engineering and design for that now, so there is a potential that a future non-motorized plan would include a CV Link, but that's not what this action is about. This action is about Palm Desert continuing to work on and potentially fund the northern bike project that it started a number of years ago. Councilman Spiegel inquired about the $5 million that Palm Desert gave to CVAG. Mr. Wohlmuth responded part of the grant has been funded,which will allow for construction of a portion of the bike path, but not the entirety of that project. He said the entire project was originally estimated to cost$5 million, the City of Palm Desert received a little over$3 million in CMAQ Funds, but was subsequently reduced to $2.2 million; some of the funds went toward resolving the Sunline issue five years ago. Therefore,the remaining balance 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 in that grant is $2.2 million. He said those funds will allow the City to do the design, engineering, and some segments of that bike path, but not the entire path. Councilmember Weber said it was her understanding staff planned to use the unspent $2.2 million for the design, and it was anticipating future grant applications. Mr. Stendell said today's recommendation is to adopt CVAG's 2010 NMTP, because it allows staff to go after other grants. Most grants ask questions about whether or not the project is in the City's adopted plans, and the NMTP shows that route already. Mayor Harnik noted the plan is dated September 2010, which is what the Council would be approving. Mr. Stendell pointed out that as a compromise in 2010, because of the uncertainty of the Palm Valley Channel,the Coachella Valley Link is actually shown on Magnesia Falls and not through the wash. Mayor Harnik said page 90 actually showed the proposed plan. Councilman Tanner added there was no fiscal impact at this point, and the only thing it was trying to accomplish was to keep it open for potential grants to continue the northern sphere non-motorized bike path. Councilman Tanner moved to, by Minute Motion, adopt CVAG's 2010 Non-motorized Transportation Plan (NMTP) for the City of Palm Desert. Motion was seconded by Benson and carried by a 5-0 vote. E. REQUEST FORAPPROVAL OF THE REVISED FACADE ENHANCEMENT PROGRAM GUIDELINES. Mr. Alvarez stated the original Facade Enhancement Program (FEP) was initiated in the year 2000. The goal was to help and partner with property owners to revitalize a commercial core. Since then, the City partnered in more than 38 projects and $16 million in private sector investments were generated with the contribution of the $2 million from the FEP; however, in 2012, the program was suspended due to lack of funding and budget constraints. In April 2013, the Council established an Economic Development Fund with the anticipation of seeding that FEP Fund with the sale of two City properties currently in escrow. It is anticipated that approximately $875,000 will be collected from those two sales. Therefore, staff made some revisions to the proposed FEP Guidelines and also looked at some funding allocations. Generally,the guidelines will remain the same for a standard project of 60 linear foot frontage being eligible for$35,000 in 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 grant funding. He said $5,000 can be added for each additional ten feet of lineal frontage with a maximum of $75,000 per property. There is still the ability to use dual facades and corner lots to augment the funding, but the cap will remain at $75,000. The primary goal of the current FEP funding is to focus on older properties fronting Highway 111, because they are the main impression as one is coming into Palm Desert, and they are in need of enhancements. The guidelines would allocate the $875,000 by dedicating 80% of that funding to Highway 111 properties and 20% to EI Paseo properties. The boundaries of the program were not modified, but as noted on the map attached to the staff report, the focus is on the properties off Highway 111 befinreen Monterey Avenue on the west and Deep Canyon Road on the east. The properties highlighted in pink are eligible for dual facade funding. He said there is also the ability for the City Council to bring up and consider other properties such as hotels that are near or adjacent to Highway 111 on a case by case basis. The funding is on a first-come, first-served basis. He said staff will direct its marketing efforts to reach out to those Highway 111 properties. Councilman Tanner asked if staff had a waiting list from years' past. Mr. Alvarez replied that since the program was suspended, he kept track of those property owners that contacted him directly, which was at least a handful. Councilman Tanner asked who made the final decision as to who would be next to benefit from the program. For instance,would staff contact someone that was interested in the program three years ago. Mr. Alvarez answered no, stating staff will provide marketing and advertisement through the City's media sources. However, he will make personal contact with property owners who showed interest in the past. Responding to question, he said the process was still on a first-come, first-served basis. Mr. Wohlmuth clarified property owners are still required to go through the Architectural Review Commission (ARC)for approval prior to consideration of the FEP. The real question is who has gone through the ARC that is prepared for the program, and to his knowledge there was none. He said there has been some discussion of property owners interested in this program, and they may be phasing their improvement to apply, but currently there wasn't an existing list of people that has gone through ARC or a pre-approved application. Mr. Alvarez agreed, stating there was no one in the process that would be ready to proceed with this program. 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 Councilman Spiegel pointed out property owners had to include their own financial support to improve theirfacade and eventually use their own money to improve the inside as well, stating it was a win-win situation. Councilman Tanner asked when funds were anticipated to be available and when will the actual marketing for the FEP take place. Mr. Alvarez responded the marketing will be prepared to go out next month, and the funding will be available at the end of November. He said the City was nearing close of escrow on the old Visitor Center and the Joni Yard properties. Councilman Spiegel moved to, by Minute Motion, approve the revised Facade Enhancement Program (FEP) Guidelines as presented. Motion was seconded by Weber and carried by a 5-0 vote. F. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO SIGN A LETTER OF SUPPORT FOR A REGIONAL ORDINANCE TO LIMIT USE OF SINGLE-USE PLASTIC BAGS. Principal Planner/Sustainability Coordinator Tony Bagato stated in 2011 the City Council discussed the possibility of looking at issues with plastic bags and a City prohibition. The matterwas continued to a date uncertain to allow staff to work with Coachella Valley Association of Governments (CVAG)on a regional approach. During that time, there has been signi�cant progress between Palm Springs Sustainability Commission and City of Palm Desert Sustainability Committee in working with CVAG. However, during the summer, CVAG expressed interest in looking at a possible model ordinance, but it wasn't at the front of their agenda. Based on that, the Committee requested staff to ask the City Council to authorize the Mayor to sign a letter that could go to other cities along with a draft model ordinance limiting the use of single-use plastic bags. He provided a Power Point presentation, which was prepared bythe Palm Springs Sustainability Commission and was also used for a presentation to CVAG on October 10. He was given permission to use the same Power Point slide, but he made some modification for Palm Desert. The goal of the slide show is to demonstrate why a regional approach and plastic bag limitation ordinance would be beneficial to the environment. Some of the history and data is as follows: In 1982 "free" plastic bags were provided in retail establishments. Data has shown that the average "free" single-use plastic bag is used 12 minutes before becoming pollution in the environment or waste in the landfill. The numbers show that anywhere between 12 and 19 billion single-use plastic bags are consumed annually in California, and only 3% to 5% of them are being used or recycled. He said in less than one hour staff was able to photograph ten different areas where plastic bags were tangled in shrubs, which locally impacts the environment. In California there are 84 cities and 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 counties that have included a plastic bag ban. In fact, just today San Diego City Council adopted a ban as well. The biggest and most recent case in 2013 is the City of Los Angeles incorporated a ban. He said with Palm Desert being a tourist destination, iYs always a concern, but the following various tourist destinations have incorporated a ban: Honolulu, Hawaii (2012); Santa Fee, New Mexico (2013); Aspen, Colorado (2011). He said plastic bags have environmental and economic effects, stating that one million plastic bags are being used every minute worldwide; an average family uses 60 plastic bags in only four trips to a grocery store. In good circumstances, high-density bags will take 20 years to up to 1,000 years to degrade, and only 5% of the bags are recycled. Additionally, every square mile of the ocean contained about 46,000 pieces of floating plastic, affecting bird wildlife. He said plastics comprised nearly 10°l0 of landfills in California, and although bags eventually break down,they leaked into the groundwater. According to Caltrans, $500,000 to $1 million is spent on cleaning up litter/trash along Interstate 10, and plastic bags are part of that cost. He said eliminating plastic bags would help cut down the cost regionally; the cost didn't include volunteerhours orcommunityservice spentcleaning up debris. He said everyone called plastic bags "free," but in reality the cost to each Californian is about $48.96 per person to clean up that litter. In making the transition away from plastic bags, the proposed Ordinance is one the City wants to work with CVAG in adopting a model ordinance that each city can adopt on an individual case. He said the ordinance would apply to all major and small retail stores and grocery stores. The program would include a a recycle paper bag usage at a cost of ten cents for each, stating there could be an exemption for people on assistance or WIC. He said the charge of ten cents has shown, when it's mandated, that it encourages people to use reusable bags 94% of the time within the six months. If there is no charge applied, people will just use more paper; however,this was still putting paper in the landfill, which had an added cost of about$80,000 a year to a grocery store. He said the California Grocers Association actually preferred the ten-cent cost as a mandate, which is included in the new ordinance. The transition time for the program is three to six months. He said the Ordinance is being supported by the California Grocers Association, Heal the Bay, CVAG Energy and Environmental Committee, Palm Desert Citizens' Sustainability Committee,and the Palm Springs Sustainability Commission. Staff is asking forthe Council's support of the proposed ordinance, it was not asking for adoption. The Ordinance would be based on other model ordinances used in California. He displayed photographs of other trendy bags coming out that are actually provided by retailers. He said CVAG was still looking at a model ordinance on October 28; therefore, staff was asking for authorization for the Mayor to sign a letter of support of the model ordinance going forward, which will be sent out to other local cities. Additionally, staff would like to attend the CVAG meeting on October 28 to speak in favor of a model ordinance that will come back for each city to adopt in the future. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCI� MEETING OCTOBER 24, 2013 Councilman Spiegel asked if the Ordinance included dry cleaners, Macy's, Walmart, and other retailers that gave merchandise out in plastic bags, stating he wouldn't want the Ordinance to hurt the retailers. Mr. Bagato replied the Ordinance did not include dry cleaners, but it did include the retailers mentioned. He said any retailer of clothes,jewelry,gifts, and grocery stores are included. Councilmember Weber stated grocery stores currently offered the choice of paper or plastic; however, they will now be allowed to offset their cost with a ten-cent mandate if one didn't provide their own bag, which explained why they were in support of the Ordinance. Mr. Bagato agreed the ten-cents would offset grocery stores cost, but it would also reduce the impact on the environment, which they supported as well. Councilmember Weber stated she recalled a time when the use of paper bags was killing trees and now plastic bags are killing fish in the ocean, yet she was sure those on the dais and in the room had recycling bags when shopping. She is supportive of education and wondered if there was any data on how education had changed people's behavior versus having an ordinance against plastic bags. Mr. Bagato said the Ordinance included an education component, which he agreed was key. He said staff and the Marketing Committee are working to come up with a proposal to promote reuseable bags citywide. However, at this point, staff was not asking the Council to adopt an ordinance, because staff still had to work with CVAG and each jurisdiction. He said adoption of a model ordinance was probably still six months down the line. He said staff still wants to provide more education on the reasons why limited use of plastic bags was important. He agreed switching from plastic to paper was not necessarily beneficial to the environment either, but the goal is to get 94% of the people to use reusable bags. Councilmember Weber asked what the merchants thought about having to substitute their beautiful bags, and would they now create paper bags with their logo on it instead of using plastic bags. Mr. Bagato said there was discussion with some of the retailers in the past who were in support, but some still had concerns. He said staff will continue to provide education to discuss those issues further as staff proceeds. Councilman Spiegel said the Ordinance wouldn't make sense if the rest of the Coachella Valley didn't join in, particularly Rancho Mirage and Indian Wells, because they have grocery stores. He was in favor of prohibiting 17 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 piastic bags in grocery stores if adjacent cities were supportive, but not the retail environment. Councilman Tanner added that at the last CVAG meeting, everyone was unanimous about prohibiting plastic bags, and it included people from Indian Wells, Rancho Mirage, Palm Springs, and Coachella. It is also the reason why this matter was before the City Council, which is to try to make it regional. He believed there was definite support, especially if Palm Desert went forward with accepting this. Responding to question, he confirmed there was unanimous agreement to include department stores as well. MR. GREGORY THEISEN, Avenida Solan, Palm Desert, CA, stated he's been a resident since 1986 and a vendor at the College of the Desert Street Fair since 1993. He said staff mentioned a few sponsors in support of doing away with plastic bags, but it wasn't overwhelming. Additionally, staff didn't offer any solutions or alternatives. He said he hated the word "single-use" bag, because they are also used as trash can liners, dog wrapper for picking up poop, storage, etc., stating they are used more than once. He questioned where the mandated ten cents will go, and/or will it be turned over to a city or agency. Mr. Bagato replied the ten cents per bag went to the retailer or grocery store. MR. THEISEN said if that was the case, it was basically telling him how to run his business. He said all the information he had on this matter was from The Desert Sun, and it didn't cover where the money would go. However, it did say the ten cents couldn't be included in the price. Now if he had a customer who spent $300 and then charged ten cents for a bag, that customer may turnaround and walk out. He agreed there were a lot of cities in California that have passed the ordinance, but there are a lot of states and counties that haven't, stating they are probably not even aware of such an ordinance. He believed it should be up to each retailer if they want to charge the ten cents or not. Additionally, he shared other issues related to those paying with a credit card. He currently paid $15 to $35 per 1,000 T-shirt bags. He said American-made degradable bags are available for $70 per 1,000 bags as opposed to the same size handled grocery bag for$320 per 1,000 bags. As a retailer, he would have to stock three different size bags, and therefore looking at roughly$2,000 to$2,500 in bags alone. He said he wouldn't want to charge his customers a dime extra, because he thought it was silly and petty. His suggestion was for the Council to wait and see the draft proposal from CVAG and hold a hearing prior to adopting. Mayor Harnik noted that whatever came back from CVAG would include a hearing. She went on to say the Council had received a couple of letters in support of the ban. 18 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 Councilmember Weber stated it was not so much that they were in support of the ban, but that they didn't like plastic bags as they exist. It is her understanding there are other bags that will degrade faster. Mr. Bagato pointed out the issue is that plastic was a pollutant to the environment. He agreed there are bags that degrade quicker and won't litter up as much, but plastic eventually went into the dirt and potentially the water stream. Councilman Spiegel stated the City lived and died on retail sales; therefore, he would like to know how Macy's, Walmart, Costco, Target, and all the big retailers felt about this before voting. Councilmember Weber agreed, because grocery stores get to recover their cost and will be okay with it. Mayor Harnik said this was a tough issue, because people get to live and die on earth as well. She said there is a balance befinreen what the community and region needs are versus those of the business community. She said there was no question that when a business model is changed in one region and not another, it can hurt profitability, but California was now up to 85 regions favoring a ban on single-use plastic bags. Councilman Spiegel suggested continuing this item until the Council received some kind of feedback from some of the big stores. Mayor Harnik asked if there was feedback from those big retailers from the other regions that have already banned the plastic bags, noting that Costco didn't even use plastic bags. Ms. Aylaian explained staff already met with the retailers as directed by the Council when it last met on this issue, and staff spent a good six to nine months trying to contract retailers and representatives. Staff intentionally contacted every big box retailer and no one sent a participant. Staff was referred to the corporate entity and corporate didn't want anybody weighing in on the issue one way or another. Staff did get representatives from smaller local retailers who generally were supportive of a limitation on the distribution of plastic bags. She said there are 84 other regions and cities in the State where the Walmarts' and Macys' have all complied with the requirement and they issue their product in paper bags. Councilman Tanner said this issue is something that has been looked at for a long time, and each of the cities has demonstrated their cooperation, at least by saying let's get something together to put out from CVAG. Additionally, this wasn't something that would be going into effect today. 19 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 Councilman Tanner moved to, by Minute Motion, concur with the recommendation of the Citizens'Sustainability Committee and authorize the Mayor to sign a letter of support for a model regional ordinance to limit the distribution of single-use plastic bags in the Coachella Valley. Motion was seconded by Benson. Mayor Harnik said she was concerned with paper being the solution, because the way to transport paper is substantial and creates other issues with emissions. She asked staff to convey her concern to CVAG. She believed people did change their behaviors and it was time to move forward. She went on to say she had a lot of reusable bags in her vehicle and believed many others did as well. Councilman Tanner pointed out discounts can be obtained at many of the stores when using reusable bags. He said a reusable bag may cost 94 cents, but if one uses six cloth bags at a store, check the bill,there could be a credit for those six bags. Mayor Harnik commented this was a tough balance and it won't be easy, because no one liked change. Councilmember Weber reiterated the issue wasn't the dislike of plastic bags, but that an ordinance wasn't needed, because there are other ways to do things, stating this was clearly being changed all around without one. Mayor Harnik called for the vote, and the motion carried by a 3-2 vote, with Spiegel and Weber voting NO. G. INFORMATIONAL REPORT CONCERNING MODIFICATION OF THE PALM DESERT MUNICIPAL CODE REQUIREMENTS FORACCESSORY STRUCTURES (P.D.M.C. CHAPTER 25.40.050). Ms. Aylaian noted this was an informational item in response to complaints received in the form of correspondence delivered to the Council and testimony received at the last City Council meeting. The staff report was for the Council's information, and the next time it sees this item, it will be in the form of a proposed ordinance, which will first be reviewed by the Planning Commission. More important, the Citywill be suspending code enforcement of these types of issues for accessory structures in peoples side yards and for tent-like structures for the period of time it takes staff to get back to the Council with an ordinance or direction, unless otherwise directed. Councilman Spiegel moved to, by Minute Motion, receive and file the report. Motion was seconded by Tanner and carried by a 5-0 vote. 20 PRELIMINARY MINUTES DRAFT REGULAR PA�M DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 H. INFORMATIONAL REPORT REGARDING THE PROPERTY AT 73340 HIGHWAY 111, PALM DESERT. Mr. Wohlmuth noted the staff report/memorandum from the City Attorney to McGowan's Irish Pub where the issue brought up by Councilman Spiegel two meetings ago was raised. The letter sent to him by the City Manager appeared to have worked, because the City received a letter from Mr. Puluqi on October 10 saying he was still negotiating with his insurance and was looking at selling or leasing the property in the future. He said the City offered potential facade enhancement in the future if he so chose to apply. The memo from City Attomey Dave Erwin indicated the City had enough language in the Municipal Code, if the property wasn't improved, for Code Compliancetoimplementotherremedies. However,aneminentdomainwas not necessarily a remedy, because it would probably fail as it needs a necessity test. The good news is that if Mr. Puluqi didn't move forward, the City has the probability of Code Enforcement against him. Councilman Spiegel asked how much time did the owner have, because it's been a few years so far. Mr. Wohlmuth asked staff if more than 50% of the structure was burned. Ms. Aylaian said she didn't know, but as far as time, the plan is to work with the owner the same as it worked with others on Code Compliance issues, and that is that as long as the City believed the owner is making a good faith effort to improve the property to come into compliance, staff will continue to do so cooperatively. At this point, staff believed they had the property owner's attention, and they are interested in getting the property cleaned up; therefore, staff is planning on working with them. Councilman Spiegel suggested staff call the owner to explain what the City was doing in relation to Code Enforcement. Ms. Aylaian agreed. Councilman Spiegel moved to, by Minute Motion, receive and file the report. Motion was seconded by Tanner and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 21 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO MODIFY SECTION 25.56.080(D) (SECTION 25.68.080[D] CURRENTLY) - WINDOW SIGNS - OF THE PALM DESERT MUNICIPAL CODE, ALLOWING ILLUMINATED WINDOW SIGNAGE FOR ALL BUSINESSES, EXCEPT FOR BUSINESSES LOCATED ON EL PASEO, Case No. ZOA 13-224 (City of Palm Desert, Applicant) (Continued from the meeting of September 26, 2013). Principal Planner Tony Bagato stated this item was continued to allow staff to meet with the EI Paseo Business Improvement Board and it was clarified to them that the amendment was for windows facing EI Paseo. He said businesses that are on EI Paseo but that wrap a corner and face the parking lot would be allowed to have illuminated window signage. The recommendation from the Planning Department was to not allow them on EI Paseo windows and the Board agreed with that recommendation. Therefore, staff recommended approval of the proposed Ordinance. Councilmember Weber asked if it was the EI Paseo Merchants Association who didn't want the signs on EI Paseo. Mr. Bagato replied initially it was the Planning Commission that discussed this matter with the Board and they agreed with the recommendation to not allow illuminated signage in windows facing EI Paseo. Mayor Harnik pointed out the Board agreed with the proposed ordinance, and unanimously voted in support of prohibiting illuminated window signs for businesses facing EI Paseo. Councilmember Weber stated it meant that not every business is on the Board and therefore wondered what percentage belonged to EI Paseo. Mr. Bagato said he didn't know, because the Board also included property owners. MR. DAVID FLETCHER, President of the EI Paseo Property and Business Improvement District Board (EPBID), stated City staff presented this matter to the Board at their last meeting and it was discussed and voted unanimously to support the Planning Commission's recommendation to prohibit illuminated signs on EI Paseo, and not specifically neon. In response to Councilmember Weber's question, he said there are between five and six members on the Board at this point and time. He said all of the stores between Highway74, MontereyAvenue,and PortolaAvenuethatface EI Paseo is part of the District, and the Board is elected to represent those businesses in their marketing and issues such as this. He said City staff did 22 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 not take the issue to every single merchant on EI Paseo and they were not all at the meeting, but the Board is to provide input as the representatives of the EI Paseo District. On the Board sits Manager of Chico's, which is the largest Chico's in the nation, The Gardens on EI Paseo General Manager, himself, and a number of other merchants. Further responding, he said this was not an issue that had been brought up to him by anyone or any of the board members, so either the merchants are aware and are fine with it or they are unaware. Councilman Tanner asked when was the matter publicized. Mr. Bagato responded it was publicized in the general publication of the local newspaper, but no specific notification was given to each business. Responding to question about the percentage that currently had illuminated signs on EI Paseo, he said he didn't know the exact number, but it didn't appear to be an issue. However, a few years ago when Kate Spade opened, there was a large arch in the window, which raised some complaints. He said between Highway 74 and Portola Avenue there is very few illuminated windows; they are more prominent on Highway 111. Councilman Tannerstated thatwhen he served on the Planning Commission he recalled there were some that had illuminated signs facing the parking lot, which were still okay, except for those facing EI Paseo. Mr. Bagato agreed, stating the Planning Commission was concerned that since EI Paseo is a pedestrian oriented district, it shouldn't have bright neon or LED signage in the window facing the street. Mayor Harnik declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. DAVID FLETCHER stated it was part of the Board's decision that neon window signage is okay in circumstances and/or as permanent signage for a limited time period. It was also explained to the Board there is a way for a merchant to have some type of temporary or permanent illuminated signage, but it would have to go through Architectural Review Commission (ARC). Therefore, the Board felt comfortable that as long as such a request went through a larger body it was a good thing. He personally didn't like window neon signs, except for in special circumstances. An example would be the Kate Spade windows, which involved a lot of controversy, but he thought they were great for a limited time period. However, to have them on a permanent basis he would be against. Overall, he was against illuminated windows signs on a permanent basis on EI Paseo and in the City, so as a resident of EI Paseo he encouraged the Council to vote in favor of the proposed Ordinance. He pointed out the Ordinance did not limit the use of neon signage facing the parking lots, but he reminds all the stores he 23 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 owned and managed, that the back of the buildings was the front door, because that is where the majority of the customers parked. He said to have trash or people standing outside smoking, etc, was the customers first impression, which he brought up at their Board meeting, but it didn't go any further than that. Councilmember Weber inquired about the abilityto have illuminated signage on EI Paseo under certain circumstances, because the proposed Ordinance did not state it. Mr. Bagato explained there are certain provisions underthe Comprehensive Sign Program where ARC can approve an exception to any portion of the Sign Ordinance. Therefore, realistically, a retailer can make their request to have an artistic illuminated sign, which the ARC and ultimately the City Council has the ability to approve if they find a unique and exceptional circumstance, because the City would still want to encourage that. With no furthertestimony offered, Mayor Harnik declared the public hearing closed. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1262 to second reading, approving Zoning Ordinance Amendment No. 13-224, amending Palm Desert Municipal Code Section 25.56.080(D) - Window Signs (currently Section 25.68.080[D]). Motion was seconded by Tanner and carried by a 5-0 vote. XVII1. REPORTS AND REMARKS A. CITY MANAGER 1. City Manac�er Meeting Summaries for the Period September 30 - October 11, 2013. Mr. Wohlmuth called attention to the printed report in the agenda packets and offered to answer questions. With City Council concurrence, the Meeting Summaries report was received and filed. 2. HoteVS�ecial Events Committee Mr. Wohlmuth noted that at the last Council meeting, direction was given to staff to draft a resolution to establish a Hotel Committee. Staff has looked at some of the issues related to Special Events and is working on finalizing that draft resolution; it will appear on the next Council agenda (November 14, 2013). 24 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of the Scheduling of a City Council Study Session on Thursday, November 14, 2013, at 2:00 p.m. - Administrative Conference Room - Presentation on the Coachella Valley Economic Partnership's (CVEP) East Valley "I-Hub." Mr. Wohlmuth commented that CVEP will be in attendance to explain their concept of an East Valley I-Hub. Councilmembers acknowledged the scheduling. D. PUBLIC SAFETY 1. Fire De�artment None 2. Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: None 2. City Council Consideration of Travel Requests and Reports: None 3. CitLr Council Committee Reports: None 25 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 2013 4. City Council Comments: a) Annual Golf Cart Parade - Sunday. October 27 — Councilman Tanner reminded everyone that the Golf Cart Parade stepped off at 1:00 p.m. Sunday. He added that the Mayor, Councilmember Weber, and he will be riding the City's Hummer Golf Cart through the Parade and wanted all to come out and see them. Mayor Harnik noted that City's official band, the Palm Desert High School Marching Aztecs, will be leading off. b) Mini-Muster— Mayor Harnik said she was thoroughly impressed with the Mini-Muster event this year, it was amazing with the students, Desert Sands Unified School District, and the Historical Society all coming together for this important annual program. c) "Paint EI Paseo Pink" — Mayor Harnik reported that this year's event was wonderful again, and The Gardens On EI Paseo did a great job of hosting it. d) Relay For Life — Mayor Harnik stated the City was very well represented at Relay For Life. e)Garden Day at the Henderson Buildina—Mayor Harnik commented that Garden Day was incredible. 5. Suqgested Items for Future City Council Meetina A eq ndas: None XIX. ADJOURNMENT On a motion by Tanner, second by Weber, and unanimous consent of the City Council, Mayor Harnik adjourned the meeting at 5:46 p.m. JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 26