DRAFT 10/06/2022 Regular City Council Meeting Minutes 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, OCTOBER 6, 2022
1:00 P.M.
DRAFT MINUTES
CALL TO ORDER – 1:01 P.M.
a)Flag Salute – Led by Gabe Codding, Marketing Director/Acting City Manager. b)Roll Call: Present - Downs, Smotrich, Weill, Townsend.
Absent - Kite.
Mayor Pro Tem Kite’s absence was excused by a consensus of the City Council.
PRESENTATIONS
Performance by the Rancho Mirage High School (RMHS) Band & Orchestra and Presentation of a Proclamation Naming the RMHS Band & Orchestra the Official Band of Rancho Mirage.
Dr. Brian McDaniel, RMHS Director of Bands & Instrumental Music, provided an update on the band and orchestra, which was followed by a performance of The Star-Spangled Banner.
Council Member Smotrich presented the band with a proclamation naming the RMHS Band and Orchestra the “Official Band of Rancho Mirage.”
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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
Y CITY OF RANCHO MIRAGE
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Preservation Mirage Update by Melissa Riche, Preservation Mirage Board Member.
Melissa Riche, Preservation Mirage Board Member, provided an update on Preservation Mirage and described a book she authored in 2018 titled, Mod Mirage: The Midcentury Architecture of Rancho Mirage.
Video Presentation by Kai Beech, Video Production Coordinator; Topics Include Betty Ford Center Summer Internship for Medical Students (SIMS) Program and City of Rancho Mirage Boards/Commissions.
Kai Beech, City of Rancho Mirage Production Coordinator, presented two videos he recently created.
The first video provided an overview of The Betty Ford Center’s Summer Internship for Medical Students (SIMS) Program. The second video highlighted the City of Rancho Mirage’s various volunteer boards and commissions.
NON-AGENDA PUBLIC COMMENTS
Tom Weil, Palm Springs International Airport Commissioner and Rancho Mirage resident, provided an update on the Palm Springs International Airport.
Eric Cunningham, Rancho Mirage resident, praised the Rancho Mirage Library and Observatory facility and staff.
Brad Anderson, Rancho Mirage resident, spoke regarding City code compliance.
Susan Ragsdale, Rancho Mirage resident, spoke regarding an eviction and submitted written materials.
Wally Melendez, member of the public, spoke regarding the need for hydrogen fuel stations.
Maral Nigolian, Rancho Mirage resident, spoke regarding solar panels and turf removal, as well as related rebate programs, and submitted written materials.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Council Member Weill provided an update on Sensei Porcupine Creek Resort, read a letter of gratitude regarding the City’s ambulance service, and announced that the Rancho Mirage Chamber of Commerce would host a candidate forum for Rancho Mirage City Council candidates on October 19th at the Rancho Mirage Library and Observatory.
Council Member Smotrich encouraged residents to consider adopting animals from local shelters and highlighted the City’s Animal Adoption and Pet Care Incentive Program. She presented a video showing pets in need of adoption.
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Council Member Downs presented two tourism videos created by Visit Greater Palm Springs.
Mayor Townsend presented a video highlighting the upcoming Desert Theatricals season and provided schedule and ticket information.
CITY MANAGER COMMENTS
Gabe Codding, Marketing Director/Acting City Manager, announced that the local Farmers Market would now be held on Fridays at Rancho Mirage Community Park. He also noted that the City website included information regarding upcoming State-mandated changes to Burrtec’s waste removal service.
CONSENT CALENDAR
Gabe Codding, Marketing Director/Acting City Manager, presented the below-listed Consent Calendar items:
1. Waive Full Reading of All Ordinances Introduced or Adopted Pursuant to this Agenda.
2. Approve September 15, 2022, Regular Meeting Minutes.
3. Approve Contracts
4. Approve Demands.
Public Comments – None.
MOVED SECONDED BY WEILL/SMOTRICH TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION CARRIED 4/0.
PUBLIC HEARINGS
5. Ordinance No. (Next-in-Order), 1st Reading, Adopting the Second Amendment (DA22- 0001) to Development Agreement Case No. DA190002 Pursuant to Chapter 17.56 of the Rancho Mirage Municipal Code.
(Consideration of Second Amendment to Development Agreement Case No. DA190002 between the City of Rancho Mirage and applicant Palo Verde 37, LLC to extend the term of Tentative Tract Map No. 36620, an 82-lot residential subdivision located on the east side of Via Josefina between an existing equestrian center and the Versailles neighborhood (APNs: 685-110-004 through 009, and 685-100-013). Minor changes to TTM 36620 are also proposed, which include pad height revisions and landscape median island modifications. A Mitigated Negative Declaration (MND) was adopted and filed for this project in 2014. An Addendum to the MND was adopted and filed when the Development Agreement was approved in 2020. Pursuant to CEQA Guidelines Sections 15162 and 15164, no further environmental review is required.)
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Pilar Lopez, Associate Planner, presented the staff report.
Public Testimony – None.
MOVED SECONDED BY WEILL/DOWNS TO INTRODUCE ORDINANCE NO. 1195, ADOPTING THE SECOND AMENDMENT (DA22-0001) TO DEVELOPMENT AGREEMENT CASE NO. DA190002 PURSUANT TO CHAPTER 17.56 OF THE RANCHO MIRAGE MUNICIPAL CODE. MOTION CARRIED 4/0.
6. Historic Preservation Case No. HP22-0003 – Consideration of Designating the Residence Located at 39905 Morningsprings Road as a Historic Resource.
Ben Torrez, Planning Manager, presented the staff report.
Public Testimony – None.
MOVED SECONDED BY TOWNSEND/SMOTRICH TO ADOPT RESOLUTION NO. 2022-50, APPROVING THE DESIGNATION OF THE RESIDENCE LOCATED AT 39905
MORNINGSPRINGS ROAD AS A HISTORIC RESOURCE PURSUANT TO RANCHO MIRAGE MUNICIPAL CODE CHAPTER 15.27. MOTION CARRIED 4/0.
ACTION CALENDAR
7. Resolution No. 2022-(Next-in-Order), Declaring the City’s Intention to Annex Territory to Community Facilities District No. 1 and to Levy a Special Tax Therein for Additional Police and Fire Services, Preliminarily Approve a Map of the Area Proposed to be Annexed, and Schedule a Public Hearing to Consider the Annexation and the Levy of Special Tax for Annexation No. 189 (in connection with Tentative Parcel Map No. TPM 38106 located at the Southwest Corner of Ginger Rogers Road and Via Josefina).
Kofi Antobam, Administrative Services Director, presented the staff report.
Public Comments – None.
MOVED/SECONDED BY SMOTRICH/WEILL TO ADOPT RESOLUTION NO. 2022-48, DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 1 AND TO LEVY A SPECIAL TAX THEREIN FOR ADDITIONAL
POLICE AND FIRE SERVICES, PRELIMINARILY APPROVE A MAP OF THE AREA
PROPOSED TO BE ANNEXED, AND SCHEDULE A PUBLIC HEARING TO CONSIDER THE ANNEXATION AND THE LEVY OF SPECIAL TAX FOR ANNEXATION NO. 189. MOTION CARRIED 4/0.
8. Special Event Case No. SE22-0022 - Consideration of Approving a Firework Display at The Club at Morningside (39033 Morningside Drive) on November 12, 2022.
Pilar Lopez, Associate Planner, presented the staff report. 2-4
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Public Comments:
Brad Anderson, Rancho Mirage resident, spoke in favor of approving the firework display.
Mayor Townsend spoke in favor of approving the firework display.
Council Member Smotrich read a letter from a resident opposed to the fireworks and spoke against approving the firework display due to concerns regarding how the explosions and noise effect some people as well as pets.
Council Member Downs noted Council had previously approved similar firework displays at Morningside. He mentioned he understood concerns expressed and urged Morningside staff to consider alternative ways to celebrate in the future.
Council Member Weill noted he was generally not in favor of fireworks. He commented that he would support staff’s recommendation to approve the firework display, but would likely not vote to approve such a request in the future, due to noise concerns. He encouraged Morningside to of for a different way to celebrate in the future.
MOVED SECONDED BY TOWNSEND/DOWNS TO APPROVE A REQUEST BY ARTISAN EVENTS AND DÉCOR, INC. FOR A 5-MINUTE FIREWORKS DISPLAY AT THE CLUB AT MORNINGSIDE SCHEDULED FOR 8:30 P.M. ON SATURDAY, NOVEMBER 12, 2022.
MOTION CARRIED 3/1 (SMOTRICH OPPOSED).
9. Consider Allocating Additional Funds to the Turf Rebate Program in Partnership with Coachella Valley Water District.
Jessica Pulliam, Senior Management Analyst, presented the staff report. She noted that staff recommended allocating the additional funds to the residential side of the program only.
Gabe Codding, Marketing Director/Acting City Manager, mentioned that more people may consider turf removal now that it’s time to overseed their grass.
Public Comments:
Brad Anderson, Rancho Mirage resident, spoke in opposition to allocating additional funds to the turf rebate program.
Council Member Weill commended the turf rebate program and noted several other agencies were copying the program.
In response to question by Council Member Downs, Ms. Pulliam reported that approximately 850,000 square feet of turf had been removed through the program so far.
Council Member Downs commented that it was the right time to extend a program promoting conservation.
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Mayor Townsend mentioned there were currently rebate applicants on a waiting list.
Council Member Smotrich noted the timing couldn’t be better for conservation and commented that she was thrilled with the program.
MOVED/SECONDED BY DOWNS/WEILL TO APPROVE A MODIFICATION TO THE
RANCHO MIRAGE TURF REBATE PROGRAM IN PARTNERSHIP WITH THE COACHELLA VALLEY WATER DISTRICT AND APPROVAL OF AN ADDITIONAL $500,000 FOR A TOTAL OF $2,500,000 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. MOTION CARRIED 4/0.
10. Fiscal Year 2021-2022 Summary and Year-End Budget Adjustments:
A. Resolution No. 2022-(Next-in-Order), Amending the Fiscal Year 2021-2022 Budget.
B. Resolution No. 2022-HA-(Next in Order), Amending the Fiscal Year 2021-2022 Housing Authority Budget.
C. Resolution No. 2022-CSD-(Next-in-Order), Amending the Fiscal Year 2021-2022 Community Services District Budget.
Joseph Carpenter, Senior Manager – Finance and Human Resources, presented the staff report.
He noted that Exhibit A to Resolution A needed to be amended because, as part of the annual audit, staff identified items from PERMA requiring entry into the City’s financial system, causing a change to the requested budget adjustments. Therefore, staff requested the budget adjustment for General Government Salaries and Benefits be changed from $276,503 to $299,556, and the budget adjustment for General Government Operations and Maintenance be changed from $678,671 to $682,328.
Public Comments – None.
Council Member Downs noted the City had recaptured nearly all $10 million spent to support residents and businesses during COVID 19, which spoke to the City’s remarkable financial strength.
Mayor Townsend noted that the City was in remarkable financial shape.
Council Member Smotrich noted that the City still expected reimbursement from FEMA for the Great Plates Delivered Program.
Council Member Weill explained how the City’s reserve funds were allocated.
MOVED/SECONDED BY WEILL/DOWNS TO ADOPT THE THREE RESOLUTIONS LISTED BELOW AS “A” THROUGH “C,” INCLUDING REVISIONS STATED BY STAFF:
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A. ADOPT RESOLUTION NO. 2022-49, AMENDING THE FISCAL YEAR 2021-2022 BUDGET.
B. ADOPT RESOLUTION NO. 2022-HA-11, AMENDING THE FISCAL YEAR 2021-2022 HOUSING AUTHORITY BUDGET.
C. ADOPT RESOLUTION NO. 2022-CSD-10, AMENDING THE FISCAL YEAR 2021- 2022 COMMUNITY SERVICES DISTRICT BUDGET.
MOTION CARRIED 4/0.
11. Consider Amending Contract with Riverside County Sheriff’s Department.
Gabe Codding, Marketing Director/Acting City Manager, presented the staff report.
Lieutenant Myers thanked Council for remaining proactive in maintaining public safety services for the City and noted he looked forward to implementing additional services.
Council Member Downs noted that approving the contract would take the City from roughly 35 to 39 sworn officers protecting the City, which was about a 10% increase in coverage. He also noted the County’s benchmark was one officer per 1,000 residents; the proposed increase would take the City to over two officers per 1,000 residents. He added that overstaffing public safety services in the City was necessary due to the fluctuation in population.
Mayor Townsend noted the seasonal increase in residents as well as the number of homes approved to be built in the City.
Public Comments:
Brad Anderson, Rancho Mirage resident, commended the Sheriff’s Department, but spoke in opposition to revising their contract at this time. He suggested the new Council address the item.
Council Member Weill commented that public safety was the single biggest responsibility of a city council member.
Council Member Smotrich noted the many developments approved, which would increase public safety needs.
In response to a question by Council Member Downs, Lt. Myers reported that it takes approximately one to 1.5 years to get new motor officers on the road.
MOVED/SECONDED BY DOWNS/WEILL TO AUTHORIZE THE MAYOR, CITY MANAGER, AND CITY ATTORNEY TO EXECUTE AN AMENDMENT TO THE CITY’S LAW
ENFORCEMENT CONTRACT WITH THE COUNTY OF RIVERSIDE INCREASE THE DAILY PATROL HOURS TO 96 HOURS A DAY AND TO ADD AN ADDITIONAL MOTORCYCLE DEPUTY. MOTION CARRIED 4/0.
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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.
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)
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.
Public Comments:
Brad Anderson, Rancho Mirage resident, urged the City Council conclude ongoing litigation.
The City Council, Library and Observatory Board, Housing Authority Board, and the City Council representing the Redevelopment Successor Agency recessed into Closed Session at 2:42 P.M.
RECONVENE OPEN SESSION
Mayor Townsend reconvened the meeting at 3:47 P.M.
CLOSED SESSION ANNOUNCEMENTS
Steven Quintanilla, City Attorney, announced there was no reportable action taken during closed session.
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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 3:48 P.M.
Prepared by: Kristie Ramos, City Clerk
Date Approved by City Council:
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