~ CITY OF RANCHO MIRAGE
CALL & NOTICE OF A SPECIAL MEETING
OF THE CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
TUESDAY, AUGUST 16, 2022 -11 :00 A.M. i,ii
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:
At Meeting Location
City of Rancho Mirage
City Hall -Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
Access Remotely iii
Zoom Link:
https://us02web.zoom . us/j/8350615524 7?pwd=bldxVndwQm dWUVhnUDN4K2IzdnAwdz09
Passcode: 233820
Webinar ID: 835 0615 5247
Zoom Call-In Nos.: 1 (669) 900-9128 (Carrier charges may apply) 1 (888) 475-4499 (Toll Free)
SOCIAL DISTANCING REQUIRED FOR THE PUBLIC IF ATTENDING IN PERSON NOTICE IS HEREBY GIVEN that, as provided by Government Code Section 54956, the Mayor of the City of Rancho Mirage has called a Special Meeting for the purpose stated below:
AGENDA
CALL TO ORDER
a) Flag Salute
b) Roll Call: Downs, Smotrich, Weill, Kite, Townsend.
PUBLIC COMMENT -An opportunity for the public to speak for a maximum of three minutes per speaker. Public comment shall be limited to only those items described on this Special Meeting Notice/Agenda. (Government Code Section 54954.3(a))
ACTION CALENDAR
1. 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.
Click Here For Late Submissions or Additions
2. Consider Allocating Additional Funds to the Turf Rebate Program in Partnership with Coachella Valley Water District.
ADJOURNMENT
i People with disabilities are encouraged to attend . If you have special communication or access needs, please contact the City Clerk's office at (760) 324 -4511 in advance of the meeting . ii Any writings or documents provided to a majority of the legislative bodies regarding any item on this agenda following the posting of the agenda will be made available for public inspection at City Hall , at the Rancho Mirage Library & Observatory, and on the City's website at www.RanchoMirageCa .gov. iii For questions regarding attending a City Council meeting remotely, please contact the City Clerk at (760) 324- 4511, Ext. 488, or via email to [email protected]. Written comments may be submitted to the City Clerk via email to [email protected], or mailed/delivered to City of Rancho Mirage, 69-825 Highway 111, Rancho Mirage , CA 92270, ATTN: City Clerk.
Declaration of Posting: .
I, K<i 6 h --e Y:}Cwy\DS , G ~ C \-vv-b of the City of Rancho Mirage, do hereby declare that a copy of the foregoing CI & Notice/Meeting Agenda was personally delivered to the legislative bodies, posted in the City Hall posting box, at the Rancho Mirage Library & Observatory, and on the City website at least 24 hours in adva :, o. f~~~~tin~. _ ~ ~~ u "6 / 12-/'UJ'2-'2_ Signature Dale
08/16/2022 Special City Council Meeting Agenda Page 2 of 2
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TO:
FROM:
JOINT STAFF REPORT
City Council, Housing Authority
Board, Library and Observatory
Board, Community Services
District Board, and Joint Powers
Financing Authority Board
Kristie Ramos, City Clerk
DATE: August 16, 2022
SUBJECT: Assembly Bill No. 361 Regarding Continued Remote Board Meetings
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council and Board of Directors of the City of Rancho Mirage Housing Authority, Rancho Mirage Library and Observatory, City of Rancho Mirage Community Services District, and City of Rancho Mirage Joint Powers Financing Authority, jointly 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 Affiliates Agencies and All Other City-Affiliated Brown Act Bodies.
JUSTIFICATION OR INFORMATION
BACKGROUND
The Governor recently signed Assembly Bill 361 (AB 361) into law, which took effect immediately. AB 361 permits legislative bodies subject to the Brown Act to continue to hold remote (teleconference/video internet) meetings until January 1, 2024. Pursuant to AB 361, if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference, legislative bodies must make the following findings by majority vote no later than 30 days after its first remote meeting under AB 361, and every 30 days thereafter :
• The legislative body has reconsidered the circumstances of the state of emergency; and • Any of the following circumstances exist:
o The state of emergency continues to directly impact the ability of the members to meet safely in person; or
o State or local officials continue to impose or recommend measure to promote social distancing.
On November 18, 2021, City Council and Affiliated Agencies adopted a joint resolution making findings pursuant to Government Code Section 54953, as amended by AB 361, and authorizing AGENDA ITEM#
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Date: August 16, 2022 Page 2 of 2
AB 361 Continued Remote Board Meetings
JUSTIFICATION OR INFORMATION CONTINUED:
continued remote teleconference meetings of the City Council and Affiliated Agencies and all other City-affiliated Brown Act Bodies. In order to continue conducting remote meetings under AB 361, these findings must be reconsidered every 30 days.
ATTACHMENT(S):
1. Joint resolution regarding Assembly Bill No. 361.
AGENDA ITEM#
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ATTACHMENT 1
RESOLUTION
(SEE ATTACHED)
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JOINT RESOLUTION NOS. 2022-,
2022-HA-2022-SA-2022-LB-__ , __ , __ ,
2022-CSD-, AND 2022-JPFA-----
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE; THE
BOARD OF DIRECTORS OF THE CITY OF RANCHO MIRAGE HOUSING
AUTHORITY, SUCCESSOR AGENCY TO THE FORMER RANCHO MIRAGE REDEVELOPMENT AGENCY; RANCHO MIRAGE LIBRARY AND OBSERVATORY; CITY OF RANCHO MIRAGE COMMUNITY SERVICES DISTRICT; AND THE CITY OF
RANCHO MIRAGE JOINT POWERS FINANCING AUTHORITY (COLLECTIVELY, "CITY COUNCIL AND AFFILIATED AGENCIES") 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
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, the City Council and Affiliated Agencies are committed to preserving and nurturing public access and participation in meetings of the City Council and Affiliated Agencies and all City-affiliated bodies subject to the Brown Act (collectively "Brown Act Bodies"), including all Boards and Commissions; and
WHEREAS, as amended by AB 361, the Brown Act, as set forth in Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a local agency may avail itself of the remote emergency Brown Act procedures where a state of emergency is declared by the Governor pursuant to Government Code Section 8625, and state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, as a result of the COVID-19 pandemic, the Governor proclaimed a state of emergency on March 4, 2020 (the "State of Emergency"), in accordance with Section 8825 of the California Emergency Act, and the state of emergency remains active; and
WHEREAS, as a result of the COVID-19 pandemic, the California Department of Health and Riverside County Health Department continues to recommend measures to promote social distancing; and
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WHEREAS, if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to avail itself of the emergency remote Brown Act procedures, the legislative body shall, not later than 30 days after teleconferencing for the first time, and every 30 days thereafter, make the following findings by majority vote: (1) the legislative body has reconsidered the circumstances of the state of emergency; and (2) any of the following circumstances exist (a) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (b) State of local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2021-45, 2021-HA-03, 2021-SA-01, 2021 -LB -03, 2021-CSD-02, and 2021-JPFA-01, on October 21, 2021, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e); and WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos . 2021 -51, 2021-HA-05, 2021-SA-02, 2021-LB-04, 2021-CSD-04, and 2021-JPFA-02, on November 18, 2021, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e); and WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2021-54, 2021-HA-06, 2021 -SA-03, 2021-LB-05, 2021-CSD-05, and 2021 -JPFA-03, on December 16, 2021, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e); and.
WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2022-01, 2022 -HA-01, 2022 -SA-01, 2022 -LB-01, 2022-CSD -01, and 2022-JPFA-01, on January 20, 2022, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e); and WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2022-04, 2022 -HA-02, 2022-SA-02, 2022 -LB-02, 2022-CSD-02, and 2022 -JPFA-02, on February 17, 2022, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e); and WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2022 -10, 2022 -HA-03, 2022-SA-03, 2022 -LB -05, 2022-CSD-03, and 2022-JPFA-03, on March 17, 2022, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e); and WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2022-13, 2022 -HA-04, 2022 -SA-04, 2022-LB-06, 2022 -CSD-04, and 2022 -JPFA-04, on April 21, 2022, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e); and WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2022 -15, 2022-HA-05, 2022 -SA-05, 2022 -LB-07, 2022 -CSD-05, 2 1-6
and 2022-JPFA-05, on May 19, 2022, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e); and WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2022 -34, 2022-HA-08, 2022-SA-06, 2022-LB-09, 2022-CSD-07, and 2022-JPFA-06, on June 16, 2022, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e).
NOW, THEREFORE, THE CITY COUNCIL AND AFFILIATED AGENCIES DO HEREBY RESOLVE AS FOLLOWS:
SECTION 1. RECITALS
The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. FINDINGS
a. That the City Council and Affiliated Agencies have reconsidered the circumstances of the previously declared and existing State of Emergency arising from the COVID-19 Pandemic.
b. That the State of Emergency continues to directly impact the ability of the members of the City Council and Affiliated Agencies and all City-affiliated Brown Act Bodies to meet safely in person, and state or local officials have recommended measures to promote social distancing in connection with COVID-19.
SECTION 3. CONTINUED AB 361 REMOTE MEETINGS
That the City Council and Affiliated Agencies and all Brown Act Bodies may continue to conduct public meetings in accordance with Government Code Section 54953(e).
SECTION 4. SEVERABILITY
That if any provision, section, paragraph, sentence or word of Resolution or any portion of the Administrative Record be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words as hereby adopted shall remain in full force and effect.
SECTION 4. CERTIFICATION
That the City Clerk/Board Secretary shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. 3 1-7
PASSED, APPROVED, AND ADOPTED on this 16th day of August, 2022.
CITY OF RANCHO MIRAGE:
Mayor/Chair Charles Townsend
ATTEST:
Kristie Ramos
City Clerk/Board Secretary
APPROVED AS TO FORM:
Steven B. Quintanilla
City Attorney/General Counsel
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· TO :
FROM:
CITY OF~ MIRAG~
~ ~
STAFF REPORT
Mayor and City Council
Jessica L. Pulliam, Sr. Management Analyst
Isaiah Hagerman, City Manager
SUBJECT: Turf Rebate Program Modification
SPECIFIC REQUEST OR RECOMMENDATION
DATE: August 16, 2022
That the City Council approve a modification to the Rancho Mirage Turf Rebate Program in Partnership with the Coachella Valley Water District and approval of an additional $750,000 for a total of $2,000,000 allocation to the program, and authorize the City Manager, or designee, to take all further actions to implement the same, including approving and executing all associated agreement(s), approved as to form by the City Attorney.
JUSTIFICATION OR INFORMATION
BACKGROUND
In May of 2022, the California State Water Resources Control Board adopted a new emergency water conversation regulation to ensure a more aggressive approach to saving water, including a ban on the watering of nonfunctional turf. Regulation required water agencies to activate "Level 2" of their Water Shortage Contingency Plans, which assumes up to a 20% water shortage, which the Coachella Valley Water District (CVWD) Board of Directors adopted at their June 14, 2022, meeting. As of June 10, 2022, the state ban on watering non -functional turf went into effect and additional actions such as the prohibiting of spray irrigation during daylight hours and restaurants only serving water on request went into effect on June 14, 2022.
The CVWD has continued to encourage customers to reduce their water use, especially outdoors, where the biggest water savings can be achieved . This includes fixing leaks immediately, applying for conservation rebates such as their $3 per square foot turf conversion program, irrigating more efficiently, and eliminating water waste.
The City of Rancho Mirage has long supported the reduction of water usage and has encouraged the removal of turf and conversion to more drought tolerant landscaping through two prior Rancho Mirage Turf Rebate Programs which ran in 2011 and 2016 and then the most recent which was approved by Council on July 7, 2022 with an initial budget of $500,000 and an additional $750,000 was allocated to the program on July 21, 2022.
AGENDA ITEM#
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DATE: August 16, 2022 Page 2 of 2
JUSTIFICATION OR INFORMATION CONTINUED:
The initial $500,000 allocation provided a matching rebate of $3 per sq. ft. for all Rancho Mirage CVWD turf conversion rebate completed projects and then the additionally allocated $750,000 provided a matching rebate of $3 per sq. ft. for residential and $1 per sq. ft. for HOA/Commercial Rancho Mirage CVWD turf conversion rebate completed projects through a partnership with CVWD; providing our residents a total of $6 per sq . ft. and HOAs/Commercial a total of $4 per sq. ft., per project, for living turf removal. In addition, a direct rebate is available through the City for those projects that are required to utilize a landscape architect with a reimbursement of up to $6,000 per project.
The current program has exceeded all expectations with over 467,517 sq. ft. of projects submitted to date. The unanticipated demand of pending projects has placed a reserve on over $1.1 million of the currently allocated budget.
INFORMATION
It is proposed that the City consider allocating an additional $750,000 to the Rancho Mirage Turf Rebate Program, if approved, this would bring the total program to $2 million and would result in the conversion of approximately 1,033,333 sq. ft. of living turf to more drought tolerant landscaping. Of the additional $750,000 it is proposed to reserve $400,000 for residential at a $3 per sq. ft. rebate and $350,000 for HOA/commercial projects at the current matching $1 per sq. ft. rebate.
CVWD is willing to continue to collaborate with the City of Rancho Mirage to continue to fund their portion of the rebate.
FISCAL IMPACT
This program is requested to have an additional $750,000 allocation, to be paid out of General Fund reserves and will require a budget adjustment to the general fund. Any future funding requests will be presented to the City Council for approval. This will bring the turf rebate program to a total of $2 million .
RECOMMENDATION
That the City Council approve a modification to the Rancho Mirage Turf Rebate Program in Partnership with the Coachella Valley Water District and approval of an additional $750,000 for a total of $2,000,000 allocation to the program, and authorize the City Manager, or designee, to take all further actions to implement the same, including approving and executing all associated agreement(s), approved as to form by the City Attorney .
AGENDA ITEM#