06/16/2022 Regular City Council Meeting Agenda Page 1 of 9
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, JUNE 16, 2022
1:00 P.M.
MINUTES
CALL TO ORDER – 1:03 P.M.
a) Flag Salute: Led by Steven Quintanilla, City Attorney. b) Roll Call: Downs, Smotrich, Weill, Kite, Townsend – All present
PRESENTATIONS
Rancho Mirage Citizens on Patrol Services (COPS) Program Update.
Brian Kephart, Code Compliance Manager & Emergency Services Coordinator, provided an overview of the mission and scope of the Citizens on Patrol Services (COPS) program. He presented a video highlighting the services provided by COPS. Mr. Kephart introduced COPS Captain Alfonso Carpenter.
COPS Captain Carpenter thanked staff, the City Council, and his fellow COPS members for their support of the program.
Mr. Kephart noted that the COPS program was actively recruiting for new members and introduced current COPS members in attendance.
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At Meeting Location
City of Rancho Mirage
City Hall - Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
Pursuant to Assembly Bill No. 361 (Effective September 16, 2021), there will be the ability to teleconference into the meeting and the public may observe the meeting and offer public comment as follows:
SOCIAL DISTANCING REQUIRED FOR THE PUBLIC IF ATTENDING IN PERSON
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Presentation of an Award to Council Member Smotrich by Veterans for Peace.
Mayor Townsend reported that the presentation to Council Member Smotrich by Veterans for Peace would be continued to the next regular City Council Meeting, at the request of the presenter.
NON-AGENDA PUBLIC COMMENTS
Wally Melendez, member of the public, spoke of the need for hydrogen charging stations.
Brad Anderson, Rancho Mirage resident, spoke of a code compliance case related to a vehicle at his neighbor’s property. He also commented that Section 31 would utilize an excessive amount of water.
Philip Bettencourt, member of the public, spoke of the anticipated separation of ownership interests in the Section 19 Specific Plan area.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Council Member Downs provided an analysis of the City’s tourism and hotel industry, emphasizing the value tourism provided to the local economy. He presented three videos highlighting local resorts. Council Member Downs also proposed the idea of adding artwork to City sport courts and requested staff research the concept.
Council Member Weill presented a video highlighting the recently held Power Baseball Rancho Mirage Resident Night and encouraged members of the public to attend future events.
Council Member Smotrich spoke of the many restaurants available in Rancho Mirage and encouraged residents to support local restaurants. She presented a video highlighting two local restaurants, Norma’s Italian Kitchen and Pastry Swan Bakery. Council Member Smotrich noted she would continue to highlight restaurants that participated in the City’s Great Plates Program, which was available to qualified individuals during the pandemic.
Mayor Pro Tem Kite congratulated the Children’s Discovery Museum of the Desert for their fundraising efforts and presented a video highlighting the museum. He noted the museum had raised a significant sum of money through donations, but still needed to raise additional funds.
Cindy Burreson, CEO of the Children’s Discovery Museum of the Desert, thanked the City Council for their support and noted the museum’s efforts to raise funds from other desert cities.
CITY MANAGER COMMENTS - None.
CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the Consent Calendar items and requested Item Nos. 4 through 6 be considered separately.
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1. Waive Full Reading of All Ordinances Introduced or Adopted Pursuant to this Agenda.
2. Approve June 2, 2022, Regular City Council Meeting Minutes.
3. Adopt Joint Resolution No. 2022-(Next-in-Order), Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and Authorizing Continued Remote Teleconference Meetings of the City Council and Affiliated Agencies and All Other City-Affiliated Brown Act Bodies, in Accordance with AB 361 During the Current State of Emergency Related to the COVID-19 Pandemic.
4. Approve Final Acceptance of Improvements for Tract Map No. 36809-2 (Del Webb Rancho Mirage).
5. Approve Final Acceptance of Improvements for Tract Map No. 36809-3 (Del Webb Rancho Mirage).
6. Approve Final Acceptance of Improvements for Tract Map No. 36809-4 (Del Webb Rancho Mirage).
7. Approve Special Assistance Fund (SAF) Awards.
8. Approve Contracts.
9. Approve Demands.
Public Comments
Brad Anderson, Rancho Mirage resident, spoke in opposition to approval of Item No. 3.
At the request of Mayor Pro Tem Kite, Jason Jaurigue, Information Services Director, provided an overview of the proposed Tyler Technologies contract included in Item No. 8.
In response to an inquiry by Council Member Smotrich, Mr. Jaurigue reported there had been over one million security breach attempts made against the City within the last month.
MOVED/SECONDED BY TOWNSEND/KITE TO APPROVE CONSENT CALENDAR ITEM NOS. 1, 2, 3, 7, 8, AND 9 AS PRESENTED. MOTION CARRIED 5/0.
Mr. Hagerman summarized his discussions with Del Webb Rancho Mirage residents concerned that issues at the project were not being adequately addressed. He noted the action before Council was to release the primary bonds, which would not impact the concerns expressed by residents. Mr. Hagerman explained there would still be warranty bonds in place that protect the City and the community.
Public Comments
Lisa Muzquiz, Rancho Mirage resident, noted she was a Del Webb Rancho Mirage Community Association Board Member. She reported the catch basin drainage system was not functioning properly and expressed dissatisfaction with City staff’s response to resident inquiries.
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Carl Twombly, Rancho Mirage resident, commented that his home had structural defects and he felt defrauded. He described various portions of his property he felt were not built to code.
Steven Garetto-Barnett, Rancho Mirage resident, noted he was a Del Webb Rancho Mirage Community Association Board Member. He expressed concern with the dry creek beds and other landscaping elements on the property. He noted the catch basins did not drain properly, which may lead to costly repairs.
Barbara Andrew, Rancho Mirage resident, noted she was a member of the Del Webb Rancho Mirage finance and landscape committees. She described a deficit subsidy agreement addressing release of bonds and commented that the requirements for bond release had not been met.
Mr. Hagerman reported that the conditions for the bonds to be released had been met and many of the concerns expressed by the residents fell under the warranty bonds, not the bonds under consideration.
Mayor Townsend, Council Member Weill, and Council Member Smotrich expressed support for continuing the items to another meeting.
Steven Quintanilla, City Attorney, described the responsibilities of the developer, the homeowners association, and the City. He explained that the complaints made by residents fall under the warranty bonds, which the City was not currently considering releasing.
Mayor Pro Tem Kite and Council Member Downs expressed support for continuing the agenda item to another meeting.
MOVED/SECONDED BY TOWNSEND/DOWNS TO CONTINUE CONSENT CALENDAR ITEM NOS. 4, 5, AND 6 TO THE NEXT REGULAR CITY COUNCIL MEETING, WHICH WAS SCHEDULED FOR JULY 7, 2022, AT 1:00 P.M., AT RANCHO MIRAGE CITY HALL. MOTION CARRIED 5/0.
Mayor Pro Tem Kite suggested the City Council reach out to the homeowners association.
Mayor Townsend appointed Mayor Pro Tem Kite and Council Member Downs to a subcommittee for Del Webb Rancho Mirage.
PUBLIC HEARINGS
10. Resolution No. 2022-(Next-in-Order), Calling an Election on Levying a Special Tax within the Area Proposed to be Annexed to Community Facilities District No. 1 (Annexation No. 188), Declaring the Election Results, Approving the Annexation of the Territory and Directing the Recordation of the Amendment of the Notice of Special Tax Lien (In Connection with Preliminary Development Plan Case No. PDP19005 - Hazelden Betty Ford Center).
Kofi Antobam, Director of Administrative Services, presented the staff report.
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Public Comments - None.
Kristie Ramos, City Clerk, declared the election results as follows: the ballot for the 7 eligible votes was received on June 16, 2022, and was in favor; therefore, votes cast in favor equal 100% of total votes cast.
MOVED/SECONDED BY WEILL/SMOTRICH THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2022-35 CALLING AN ELECTION ON LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 1 (ANNEXATION NO. 188), DECLARING THE ELECTION RESULTS, APPROVING THE
ANNEXATION OF THE TERRITORY AND DIRECTING THE RECORDATION OF THE AMENDMENT OF THE NOTICE OF SPECIAL TAX LIEN. MOTION CARRIED 5/0.
ACTION CALENDAR
11. Ordinance No. (Next-in-Order), 1st Reading, Adding Chapter 2.88 "Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements and Statements of Economic Interests" to Title 2 "Administration and Personnel" of the Rancho Mirage Municipal Code.
Kristie Ramos, City Clerk, presented the staff report.
Public Comments - None.
MOVED/SECONDED BY SMOTRICH/DOWNS TO APPROVE INTRODUCTION OF ORDINANCE NO. 1194, 1ST READING, ADDING CHAPTER 2.88 "ELECTRONIC AND
PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS" TO TITLE 2 "ADMINISTRATION AND PERSONNEL" OF THE RANCHO MIRAGE MUNICIPAL CODE.
MOTION CARRIED 5/0.
12. Resolution No. 2022-(Next-in-Order), Placing Two Competing Measures on the Ballot of the City of Rancho Mirage General Municipal Election, to be Held on November 8, 2022, Regarding the Annual Appointment of the Mayor and Mayor Pro Tem.
Steven Quintanilla, City Attorney, presented the staff report.
Public Comments - None.
MOVED/SECONDED BY TOWNSEND/WEILL TO ADOPT RESOLUTION NO. 2022-36
PLACING TWO COMPETING MEASURES ON THE BALLOT OF THE CITY OF RANCHO MIRAGE GENERAL MUNICIPAL ELECTION, TO BE HELD ON NOVEMBER 8, 2022, REGARDING THE ANNUAL APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM.
MOTION CARRIED 5/0.
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13. Resolution No. 2022-(Next-in-Order), Approving the Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials, Yard Trimmings, Food Scraps and Construction and Demolition Debris between the City of Rancho Mirage and Burrtec Waste Management and Recycling Service LLC.
Jessica Pulliam, Senior Management Analyst, presented the staff report.
Public Comments - None.
MOVED/SECONDED BY TOWNSEND/DOWNS TO ADOPT RESOLUTION NO. 2022-37,
APPROVING THE CONTRACT FOR THE COLLECTION, TRANSPORTATION AND
DISPOSAL OF MUNICIPAL SOLID WASTE AND THE COLLECTION AND RECYCLING OF
RECYCLABLE MATERIALS, YARD TRIMMINGS, FOOD SCRAPS AND CONSTRUCTION
AND DEMOLITION DEBRIS BETWEEN THE CITY OF RANCHO MIRAGE AND BURRTEC WASTE MANAGEMENT AND RECYCLING SERVICE LLC. MOTION CARRIED 5/0.
14. Resolution No. 2022-(Next-in-Order), Granting Authority to the City Manager to Enter into Certain Contracts on Behalf of Rancho Mirage Energy Authority and Rescinding and Replacing Section 5 of Resolution No. 2017-40.
Jessica Pulliam, Senior Management Analyst, presented the staff report.
Public Comments - None.
Isaiah Hagerman, City Manager, provided additional information regarding Rancho Mirage Energy Authority operations.
MOVED/SECONDED BY WEILL/KITE TO ADOPT RESOLUTION NO. 2022-38, GRANTING
AUTHORITY TO THE CITY MANAGER TO ENTER INTO CERTAIN CONTRACTS ON
BEHALF OF RANCHO MIRAGE ENERGY AUTHORITY AND RESCINDING AND REPLACING SECTION 5 OF RESOLUTION NO. 2017-40. MOTION CARRIED 5/0.
15. Periodic Review of Development Agreements: Rancho Mirage Self Storage, Westin Vacation Club, One 11 Plaza, Makena (Stonebridge), Del Webb, Ferrari, Carefield Assisted Living, The Residences at Rancho Mirage Country Club, Section 31 Specific Plan, In-N-Out Burger, and RM 38 JV, LLC.
Council Member Downs recused himself, due to the proximity of his residence to Rancho Mirage Country Club, and left the chambers.
Council Member Smotrich recused herself, due to the proximity of her residence to Section 31, and left the chambers.
Pilar Lopez, Associate Planner, presented the staff report.
Public Comments - None.
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MOVED/SECONDED BY TOWNSEND/WEILL TO FIND THAT THE SUBJECT DEVELOPERS
AND/OR PROPERTY OWNERS ARE CURRENTLY IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE FOLLOWING ELEVEN (11) DEVELOPMENT AGREEMENTS:
RANCHO MIRAGE SELF STORAGE, WESTIN VACATION CLUB, ONE 11 PLAZA, MAKENA (STONEBRIDGE), DEL WEBB, FERRARI, CAREFIELD ASSISTED LIVING, THE RESIDENCES AT RANCHO MIRAGE COUNTRY CLUB, SECTION 31 SPECIFIC PLAN, IN- N-OUT BURGER, AND RM 38 JV, LLC. MOTION CARRIED 3/0 (COUNCIL MEMBERS DOWNS AND SMOTRICH RECUSED).
Council Members Downs and Smotrich rejoined the meeting.
16. Consider Authorizing the City Manager to Negotiate an Amendment to Land Lease Agreement to Ensure Continued Operation of Wireless Communication Tower Located at 70801 Highway 111.
Isaiah Hagerman, City Manager, presented the staff report, and expressed disappointment with Verizon and other cellular service providers’ lack of investment in the area.
Mayor Townsend noted providers not building approved towers had been an ongoing issue.
Council Member Smotrich and Mr. Hagerman discussed how other cities were handling the divestment from cellular providers.
Council Member Weill expressed support for having Mr. Hagerman engage in negotiations with Verizon.
Council Member Downs commented the City should not capitulate on its lease fees or other requested amendments to the agreement.
Public Comments - None.
MOVED/SECONDED BY WEILL/DOWNS TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AN AMENDMENT TO LAND LEASE AGREEMENT DATED MARCH 23, 2015, OF THE WIRELESS COMMUNICATION SERVICES TOWER LOCATED AT 70801 HIGHWAY 111. MOTION CARRIED 5/0.
Mr. Hagerman described the inherent complications the City had with cell phone service due to the surrounding mountains.
Mayor Townsend appointed Council Members Smotrich and Weill to a subcommittee for negotiation of the land lease agreement.
17. Consider Applying for a Greater Palm Springs Tourism Foundation Matching Grant.
Gabe Codding, Director of Marketing, presented the staff report.
Public Comments - None.
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Each Council Member expressed support for the grant application.
MOVED/SECONDED BY SMOTRICH/DOWNS TO:
A. AUTHORIZE THE CITY MANAGER AND DIRECTOR OF MARKETING TO APPLY
FOR THE GPS TOURISM GRANT ON BEHALF OF THE CITY OF RANCHO MIRAGE; AND
B. AUTHORIZE THE CITY MANAGER AND DIRECTOR OF MARKETING TO ALLOCATE $100,000 FROM THE CITY’S OPERATING BUDGET IN FISCAL YEAR 2021/2022 TO MATCH ELIGIBLE GRANT MONEY AND DISTRIBUTE PER THE GUIDELINES OF THE GRANT APPLICATION TO THE CHILDREN’S DISCOVERY MUSEUM OF THE DESERT.
MOTION CARRIED 5/0.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2). (2 Potential Cases)
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager/Executive Director Pursuant to California Government Code Section 54957
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1).
Case Name: Vacation Rental Owners and Neighbors of Rancho Mirage et al. v. City of Rancho Mirage et al.
Case No.: CVRI2100368
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1).
Case Name: Vacation Rental Owners and Neighbors of Rancho Mirage v. City of Rancho Mirage
Case No.: CVPS2200167
Public Comments - None.
Steven Quintanilla, City Attorney, reported that the City Council would recess into closed session to confer with legal counsel regarding two significant exposure to litigation; one regarding a former mobilehome park and former mobilehome park tenant and one regarding a charter amendment. He reported the City Council would also confer with legal counsel regarding the public employee performance evaluation of the City Manager/Executive, Vacation Rental Owners and Neighbors of Rancho Mirage et al. v. City of Rancho Mirage et al - Case No.
CVRI2100368, and Vacation Rental Owners and Neighbors of Rancho Mirage v. City of Rancho Mirage - Case No.: CVPS2200167.
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The City Council, Library and Observatory Board, Housing Authority Board, and the City Council representing the Redevelopment Successor Agency recessed into Closed Session at 4:01 P.M.
Isaiah Hagerman, City Manager, reconvened the meeting at 5:15 P.M. and announced that no reportable action was taken during Closed Session.
ADJOURNMENT
With no further business to consider, the meeting of the City Council, Library and Observatory Board, Housing Authority Board, and the City Council representing the Redevelopment Successor Agency was adjourned at 5:15 P.M.
Prepared by: Kristie Ramos, City Clerk
Date Approved by City Council: July 7th, 2022