~ CITY OF RANCHO MIRAGE
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD.
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, NOVEMBER 17, 2022
1:00 P.M.
MINUTES
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 m
Zoom Link :
https://us02web.zoom .us/j/880625733.21 ?pwd=WVIXT0JaUm c4bkxUZ0pxbllubVc2dz09
Passcode :459950
Webinar ID : 880 6257 3321
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 CALL TO ORDER-1:00 P.M .
a) Flag Salute -Led by Steven Quintanilla, City Attorney. b) Roll Call: Downs, Smotrich, Weill, Kite, Townsend -All present.
PRESENTATIONS
Presentation by Outgoing Sheriffs Lieutenant Myers and Introduction of Incoming Sheriffs Lieutenant Espinoza.
Lieutenant Shaun Myers announced he was taking over the aviation division and Lieutenant Rick Espinoza was now assigned to the City of Rancho Mirage.
Lieutenant Espinoza introduced himself and commented he looked forward to serving the City of Rancho Mirage.
11/17/2022 Regular City Council Meeting Minutes Page 1 of 6
Angel Force USA Presentation .
Anne Dunsmore, Founder and President of Angel Force USA, provided statistics on Veteran suicide and announced the Stop Suisilence Summit scheduled for December 5th -7 th .
NON-AGENDA PUBLIC COMMENTS
Colleen Davis, Rancho Mirage resident, commented on the length of time it took a traffic light at the library to change, the condition of Frank Sinatra Drive at the wash, the condition of a vacant lot at Frank Sinatra and Da Vall Drives, and cable rates.
Wally Melendez, member of the public, spoke regarding a need for hydrogen fuel cell charging stations.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Council Member Downs thanked residents for electing him, Meg Marker, and Lynn Mallotto to the City Council and commented that the election results sent a clear mandate regarding the Catino project and short-term rentals. Council Member Downs also spoke in support of the mission of Angel Force USA.
Mayor Pro Tern Kite announced that Rancho Mirage Dog Park maintenance was complete and the park was now open.
Council Member Smotrich spoke in support of Angel Force USA and recommended residents visit military displays at the Palm Springs Air Museum. She noted war memorial bracelets could be donated to the museum for one of their displays. Council Member Smotrich also thanked Mayor Townsend for his military service.
Mayor Townsend commented on his experience serving in war and the impact of war on service members and their families.
Council Member Weill congratulated the three newly elected Council Members and commented that people voted to maintain the quality of life that had been established.
Mayor Townsend wished everyone a happy holiday and mentioned the newly elected Council Members would be installed soon.
Council Member Kite welcomed the newly elected Council Members .
CITY MANAGER COMMENTS -None .
CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the below-listed Consent Calendar items:
1. Waive Full Reading of All Ordinances Introduced or Adopted Pursuant to this Agenda. 11/17/2022 Regular City Council Meeting Minutes Page 2 of 6
2 .
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. Approve November 3, 2022, Regular Meeting Minutes.
Adopt Ordinance No . 1196, 2nd Reading, Amending Chapter 15.02 "Adopted California and Uniform Codes " of Title 15 "Buildings and Construction " of the Rancho Mirage Municipal Code to Adopt the 2022 California Energy Code, 2022 California Historical Building Code, 2022 California Existing Building Code, and 2022 California Green Building Standards Code.
Adopt Ordinance No. 1197, 2 nd Reading, Amending Chapter 15.04 "California Building Code, 2019 Edition" of Title 15 "Buildings and Construction" of the Rancho Mirage Municipal Code to Adopt the 2022 California Building Code .
Adopt Ordinance No . 1198, 2 nd Reading, Amending Chapter 15.08 "California Mechanical Code, 2019 Edition and California Plumbing Code, 2019 Edition" and adding Chapter 15.06 "California Plumbing Code, 2022 Edition" to Title 15 "Buildings and Construction" of the Rancho Mirage Municipal Code to Adopt the 2022 California Mechanical Code and 2022 California Plumbing Code.
Adopt Ordinance No. 1199, 2 nd Reading, Amending Chapter 15.10 "California Electrical Code, 2019 Edition" of Title 15 "Buildings and Construction" of the Rancho Mirage Municipal Code to Adopt the 2022 California Electrical Code.
Adopt Ordinance No. 1200, 2 nd Reading, Amending Chapter 15.14 "California Residential Code, 2019 Edition" to Title 15 "Build ings and Construction" of the Rancho Mirage Municipal Code to Adopt the 2022 California Residential Code.
Adopt Ordinance No. 1201, 2nd Reading, Repealing and Replacing Chapter 15.12 "2019 California Fire Code" of Title 15 "Buildings and Construction" of the Rancho Mirage Municipal Code to Adopt the 2022 California Fire Code.
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.
Approve Amended Final Tract Map No. 37856 (Section 31 -Phase 1).
Approve Special Assistance Fund (SAF) Awards.
Approve Contracts.
Approve Demands.
Public Comments -None .
Council Member Smotrich read the list of Special Assistance Fund (SAF) awards . 11/17/2022 Regular City Council Meeting Minutes Page 3 of 6
MOVED/SECONDED BY TOWNSEND/WEILL TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION CARRIED 5/0.
PUBLIC HEARINGS
14. Resolution No. 2022-(Next-in-Orde r), Calling an Election on Levying a Special Tax within the Area Proposed to be Annexed to Community Facilities District No. 1 (Annexation No . 189), 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 Tentative Parcel Map No. TPM38106, La Paloma Homes -Via Josefina)
Kofi Antobam, Administrative Services Director, presented the staff report .
Public Testimony -None .
Kristie Ramos, City Clerk, declared the election results as follows: the ballot for the six (6) eligible votes was received on November 4, 2022, and was in favor; therefore, votes cast in favor equal 100% of total votes cast.
MOVED/SECONDED BY TOWNSEND/KITE TO ADOPT RESOLUTION NO. 2022-55,
CALLING AN ELECTION ON LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 1 (ANNEXATION NO. 189),
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
15. Consideration of Creating a Vista Del Sol Road Capital Improvement Project and Authorizing an Agreement with MSA Consulting, Inc. in the Amount Not to Exceed $162,000 to Update Existing Street Improvement Plans.
Ryan Stendell, Public Works Director, presented the staff report.
Public Comments
Eddie Kilani, Rancho Mirage resident, spoke in favor of completing sewer and water upgrades prior to completing the street.
Mark DeBose, Rancho Mirage resident, spoke in favor of completing the street and noted the importance of doing it correctly the first time.
Euthym Kontaxis, commented that completing the road was necessary due to safety issues and recommended staff consider overall infrastructure needs when planning the project. 11/17/2022 Regular City Council Meeting Minutes Page 4 of6
Sharon Vilarino (via telecommunication), Rancho Mirage resident, spoke in favor of completing the road and noted the need for traffic/speed calming measures.
A discussion ensued regarding ways to address the issues on Vista Del Sol Road.
Mayor Pro Tern Kite suggested the formation of a City Council subcommittee for the topic .
Mayor Townsend appointed Mayor Pro Tern Kite and Council Member Downs to serve on a subcommittee related to the Vista Del Sol Road project.
MOVED/SECONDED BY DOWNS/WEILL TO:
A. DIRECT STAFF TO CREATE A CAPITAL IMPROVEMENT PROJECT (CIP) FOR ROADWAY IMPROVEMENTS ON VISTA DEL SOL ROAD; AND
B. AUTHORIZE AN AGREEMENT WITH MSA CONSUL TING, INC. IN THE AMOUNT NOT TO EXCEED $162,600.00 TO UPDATE THE PREVIOUSLY PREPARED 2009 STREET IMPROVEMENT PLANS.
MOTION CARRIED 5/0.
CLOSED SESSION AGENDA
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.: CVRl2100368
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, OBA 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) 11/17/2022 Regular City Council Meeting Minutes Page 5 of 6
5 . CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2). (1 Potential Case)
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, Hometown Colony, LLC, OBA the Colony Mobilehome Park v. City of Rancho Mirage, an unspecified existing litigation item, and one potential significant exposure to litigation item related to a challenge of Ordinance No. 1138.
RECESS TO CLOSED SESSION
The City Council, Library and Observatory Board, Housing Authority Board, and the City Council representing the Redevelopment Successor Agency recessed into Closed Session at 2:29 P.M.
RECONVENE OPEN SESSION
Mayor Townsend reconvened the meeting at 3:24 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 3:25 P.M.
Date Approved by City Council: 12/01/2022
Prepared by:
A')-~~
Kristie Ramos, City Clerk
11/17/2022 Regular City Council Meeting Minutes Page 6 of 6