09/01/2022 DRAFT City Council Meeting Minutes Page 1 of 6
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, SEPTEMBER 1, 2022
1:00 P.M.
DRAFT MINUTES
CALL TO ORDER – 1:05 P.M.
a) Flag Salute: Led by Kofi Antobam, Director of Administrative Services. b) Roll Call: Smotrich, Weill, Kite, Townsend – Present (Downs absent)
MOVED/SECONDED BY WEILL/KITE TO EXCUSE COUNCIL MEMBER DOWNS FROM THE MEETING. MOTION CARRIED 4/0.
PRESENTATIONS
Presentation by FIND Food Bank CEO Debbie Espinosa to Kick Off Hunger Action Month.
A video highlighting Hunger Action Month was presented.
Debbie Espinoza, FIND Food Bank President and CEO, expressed the need around food insecurities, noting the impacts of inflation. She described the various operations of the food bank and emphasized the need for continued support. Ms. Espinosa also spoke of how the food bank was founded.
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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 1-1
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Mayor Pro Tem Kite proposed making a monetary contribution to FIND Food Bank.
Isaiah Hagerman, City Manager, replied that the Special Assistance Fund (SAF) Subcommittee could meet to discuss a contribution.
NON-AGENDA PUBLIC COMMENTS
Tiffany Gorman, Ritz-Carlton Rancho Mirage Sales & Marketing Director and Rancho Mirage Chamber of Commerce Board Member, spoke regarding the expansion of the Chamber and noted the Ritz was accepting reservations for its various holiday events.
Eric Ornelas, Sunnylands Communications & Public Affairs Coordinator and Rancho Mirage Chamber of Commerce Board Member, thanked the City for supporting the Chamber’s Taste of Summer Program. He also noted upcoming events scheduled at Sunnylands.
Debra Fink, Rancho Mirage Chamber of Commerce Board Member, noted the Chamber now had over 500 members and expressed support for the Section 31 development.
Philip Bettencourt, consultant, noted he was working on a Section 19 lot adjustment.
Wally Melendez, member of the public, spoke of the need for hydrogen charging stations.
Dorian Whitley (via telecommunication), member of the public, spoke of a lack of crosswalks in the City and other traffic-related issues.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Council Member Weill highlighted Gelson’s Shopping Center as an asset to the City and reported his attendance at the ribbon-cutting ceremony held for the See’s Candies store that recently opened at the shopping center.
Mayor Pro Tem Kite noted City staff had been working diligently on events to be hosted this upcoming fall and winter. He also reminded residents that the General Municipal Election would be held on November 8th.
CITY MANAGER COMMENTS
Isaiah Hagerman, City Manager, noted that the daughter and niece of Kofi Antobam, Administrative Services Director, were in the audience and welcomed them to the City.
CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the below-listed Consent Calendar items and requested that the City Council table Item Nos. 7, 8, and 9.
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1. Approve July 21, 2022, Regular Meeting Minutes.
2. Approve August 16, 2022, Special Meeting Minutes.
3. Receive and File the June 30, 2022, Quarterly Treasurer’s Report.
4. Adopt Resolution No. 2022-(Next-in-Order), Approving Updates to the Calendar Year 2022 Salary Schedule to Comply with California Public Employee’s Retirement System (CalPERS) Statutory and Regulatory Requirements for Compensation Earnable and Publicly Available Pay Schedules.
5. Approve Contracts.
6. Approve Demands.
7. Continued from July 21, 2022 - Approve Final Acceptance of Improvements for Tract Map No. 36809-2 (Del Webb Rancho Mirage).
8. Continued from July 21, 2022 - Approve Final Acceptance of Improvements for Tract Map No. 36809-3 (Del Webb Rancho Mirage).
9. Continued from July 21, 2022 - Approve Final Acceptance of Improvements for Tract Map No. 36809-4 (Del Webb Rancho Mirage).
Public Comments
Laurinda Fuller, Rancho Mirage resident, described construction defects on her home at Del Webb Rancho Mirage.
Marlor Wicker, Rancho Mirage resident, spoke of construction defects on her home at Del Webb Rancho Mirage
Lorena Ritchey (via telecommunication), Rancho Mirage resident, expressed discontent with the construction of her home and the community infrastructure at Del Webb Rancho Mirage and questioned if building inspections were completed properly.
MOVED/SECONDED BY TOWNSEND/KITE TO APPROVE CONSENT CALENDAR ITEM NOS. 1, 2, 3, 4, 5, AND 6 AS PRESENTED, AND TO TABLE ITEM NOS. 7, 8, AND 9. MOTION CARRIED 4/0.
PUBLIC HEARINGS
10. Environmental Assessment Case No. EA22-0002 and Tentative Tract Map Case No. TTM22-0001 (Tentative Tract Map No. 38291) - Section 31 Phases 1B & 1C.
Consideration to Subdivide 70.44 Acres Within the Section 31 Specific Plan into 187 Single-Family Residential Lots, Four (4) Remainder Lots, as well as Lots for Open Space, Recreation, Private Streets, and a Coachella Valley Water District Well Site. Location:
Southwest Corner of Monterey Avenue and Gerald Ford Drive - APNs 685-220-016, 685- 220-017, 685-220-018, & 685-220-019:
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A. Consider the Filing of a Notice of Exemption Based on Environmental Assessment Case No. EA22-0002 and Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15182 for Projects Pursuant to a Specific Plan; and
B. Consider Approval of Tentative Tract Map Case No. TTM22-0001 (TTM38291), Subject to the Conditions of Approval and Based on the Content and Findings in the Staff Report.
Joy Tsai, Associate Planner, presented the staff report.
Public Testimony:
Lucy Duran, Rancho Mirage resident, noted she was attempting to build residential units in the City and requested a CEQA exemption.
Alena Calimanis (via telecommunication), Rancho Mirage resident, expressed discontent with the proposed water usage at the subject project and spoke of inaccuracies in the water studies.
Julio Flores (via telecommunication), member of the public, commented that the project should be built by local professionals.
Isaiah Hagerman, City Manager, reported that Coachella Valley Water District (CVWD) staff had confirmed the studies performed for the project were accurate.
MOVED/SECONDED BY WEILL/SMOTRICH TO:
A. APPROVE THE FILING OF A NOTICE OF EXEMPTION BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA22-0002 AND PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15182 FOR PROJECTS PURSUANT TO A SPECIFIC PLAN; AND
B. APPROVE TENTATIVE TRACT MAP CASE NO. TTM22-0001 (TTM38291),
SUBJECT TO THE CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 4/0.
ACTION CALENDAR
11. Resolution No. 2022-(Next-in-Order), Declaring Support of the Agua Caliente Band of Cahuilla Indians’ Position of Yes on Proposition 26 and No on Proposition 27. (Regarding State Gambling Laws)
Jessica Pulliam, Senior Management Analyst, presented the staff report.
Public Comments - None.
John Plata, Agua Caliente Band of Cahuilla Indians General Counsel, described the implications of legalizing sports gambling and efforts by outside organizations.
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Council Member Weill noted the deceptive advertisements regarding the issue and spoke to the strength of the relationship between the City of Rancho Mirage and the Agua Caliente Band of Cahuilla Indians.
Council Member Kite spoke of the potential loss of funds for Tribes and local cities and noted the misleading advertising on the matter.
MOVED/SECONDED BY TOWNSEND/WEILL TO ADOPT RESOLUTION NO. 2022-43, DECLARING SUPPORT OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS’ POSITION OF YES ON PROPOSITION 26 AND NO ON PROPOSITION 27. MOTION CARRIED 4/0.
12. Resolution No. 2022-(Next-in-Order), Authorizing the Issuance of Not to Exceed $7,500,000 Aggregate Principal Amount of City of Rancho Mirage Community Facilities District No. 4C (Del Webb Project) Special Tax Bonds, Series 2022, Approving the Execution and Delivery of an Indenture, a Bond Purchase Agreement, a Continuing Disclosure Agreement, and the Preparation of an Official Statement and Other Matters Related Thereto.
Kofi Antobam, Director of Administrative Services, presented the staff report.
Public Comments - None.
MOVED/SECONDED BY TOWNSEND/SMOTRICH TO APPROVE RESOLUTION NO. 2022- 44, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,500,000 AGGREGATE
PRINCIPAL AMOUNT OF CITY OF RANCHO MIRAGE COMMUNITY FACILITIES DISTRICT NO. 4C (DEL WEBB PROJECT) SPECIAL TAX BONDS, SERIES 2022, APPROVING THE
EXECUTION AND DELIVERY OF AN INDENTURE, A BOND PURCHASE AGREEMENT, A
CONTINUING DISCLOSURE AGREEMENT, AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO. MOTION CARRIED 4/0.
CLOSED SESSION
1. 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
2. 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
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1).
Case Name: Unspecified since disclosure would jeopardize pending settlement negotiations.
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4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1).
Case Name: HOMETOWN COLONY, LLC, DBA THE COLONY MOBILEHOME PARK v.
CITY OF RANCHO MIRAGE et al.
Case No.: 5:20-cv-02259 (United States District Court, Central District of California)
5. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6.
City’s Designated Representative: Steven B. Quintanilla, City Attorney Unrepresented Employee: City Clerk/Board Secretary
Steven Quintanilla, City Attorney, reported that the City Council would recess into closed session to confer with legal counsel regarding Vacation Rental Owners and Neighbors of Rancho Mirage et al. v. City of Rancho Mirage et al, Vacation Rental Owners and Neighbors of Rancho Mirage v. City of Rancho Mirage, an unspecified existing litigation item, and Hometown Colony, LLC, DBA the Colony Mobilehome Park v. City of Rancho Mirage.
The City Council, Library and Observatory Board, Housing Authority Board, and the City Council representing the Redevelopment Successor Agency recessed into Closed Session at 2:36 P.M.
RECONVENE OPEN SESSION
Mayor Townsend reconvened the meeting at 3:37 P.M.
CLOSED SESSION ANNOUNCEMENTS
Steven Quintanilla, City Attorney, announced there was no reportable action 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 3:38 P.M.
Prepared by: Kristie Ramos, City Clerk
Date Approved by City Council:
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