DRAFT 12/15/2022 Regular City Council Meeting Minutes Page 1 of 7
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, DECEMBER 15, 2022
1:00 P.M.
DRAFT MINUTES
CALL TO ORDER – 1:00 P.M.
a)Flag Salute - Led by Council Member Weill.
b)Roll Call: Mallotto, Marker, Weill, Downs, Kite – All present.
NON-AGENDA PUBLIC COMMENTS
Wally Melendez, member of the public, congratulated newly elected City Council Members and spoke of a need for fuel cell electric vehicle stations.
Brad Anderson (via telecommunication), Rancho Mirage resident, spoke regarding his experience with staff related to a code compliance issue.
Access Remotely iii
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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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COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Mayor Pro Tem Downs provided an update on Visit Greater Palm Springs, which included results of a recent Resident Sentiment Study related to tourism. He provided an overview of current Visit Greater Palm Springs marketing materials. Mayor Pro Tem Downs spoke of the importance of inclusiveness in tourism and related training. He also recognized winners of the 2022 Champions of Hospitality Awards.
Council Member Mallotto thanked Rancho Mirage residents for the vote of confidence in electing her to the City Council. She also thanked her fellow Council Members and City staff for their warm welcome to City Hall.
Council Member Weill wished everyone a healthy and happy New Year. He commented that the past couple of years had been extremely challenging, due to COVID, and he was proud of the way the City responded. He noted some exciting City projects, including Cotino, Sensei, and the Jessup dealership, adding that the City continued to grow in a manner consistent with the lifestyle of its residents. Council Member Weill also congratulated the newly elected City Council Members.
CITY MANAGER COMMENTS
Isaiah Hagerman, City Manager, thanked City staff for the great work they do for the community.
He also thanked the public safety professionals for taking care of the community, noting the family time they often sacrifice during the holidays.
CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the below-listed Consent Calendar items and pulled Item No. 5 for separate consideration.
Council Member Weill pulled Item No. 2 for separate consideration.
1.Waive Full Reading of All Ordinances Introduced or Adopted Pursuant to this Agenda.
2. Approve December 1, 2022, Regular 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 General Plan Annual Progress Report 2021: A) Filing of a Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15306 for Information Collection; and B) Receive and File the 2021 General Plan Annual Progress Report.
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5. Approve Final Tract Map No. 38054 (Volvo/Infiniti).
6. Adopt Resolution No. 2022-SA-(Next-in-Order), Approving and Adopting a Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2023-2024 Pursuant to Assembly Bills 26x1 and 1484.
7. Receive and File the Annual Comprehensive Financial Report (ACFR) for the Year Ended June 30, 2022, and Other Related Audit Reports.
8. Approve Special Assistance Fund (SAF) Awards.
9. Approve Demands.
Public Comments – None.
MOVED/SECONDED BY DOWNS/WEILL TO APPROVE CONSENT CALENDAR ITEM NOS. 1, 3, 4, 6, 7, 8, AND 9 AS PRESENTED. MOTION CARRIED 5/0.
Council Member Weill requested the December 1, 2022, City Council Regular Meeting Minutes be revised to reflect his comments regarding former Council Member G. Dana Hobart.
Public Comments – None.
MOVED/SECONDED BY DOWNS/WEILL TO APPROVE CONSENT CALENDAR ITEM NO. 2, INCLUDING REVISION REQUESTED BY COUNCIL MEMBER WEILL. MOTION CARRIED 5/0.
Council Member Marker recused herself from consideration of Item No. 5 due to her company, Marker Broadcasting, doing business for many years with Dan Jessup and his family.
Public Comments – None.
MOVED/SECONDED BY DOWNS/WEILL TO APPROVE CONSENT CALENDAR ITEM NO. 5, AS PRESENTED. MOTION CARRIED 4/0 (MARKER RECUSED).
Council Member Weill congratulated the Jessup family, noting the project would be a wonderful addition to the City.
PUBLIC HEARINGS
10. Consider Environmental Assessment Case No. EA22-0004 and Tentative Parcel Map Case No. TPM22-0001 (TPM38152) – Location: South Side of Clancy Lane Between Rancho Manana Lane and the Northernmost Extension of Rancho Las Palmas Country Club:
A. Release and Termination of the Covenant against Subdivision recorded in 1989.
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B. Filing of a Notice of Exemption pursuant to CEQA Section 15315 (Minor Land Divisions).
C. Tentative Parcel Map No. TPM22-0001 (TPM38152) for the subdivision of a 3.24- acre parcel into two (2) residential parcels and a private street (Lot A) subject to the conditions of approval and based on the content and findings in the staff report.
Pilar Lopez, Associate Planner, presented the staff report.
Public Comments – None.
Council Member Weill noted the original covenant was put on the property in 1989 by Mr.
Heckman, who was now deceased. He asked if staff received anything from Mr. Heckman’s estate or trust regarding the proposed item.
Ms. Lopez responded that staff had not received any communication from Mr. Heckman’s estate or trust.
Isaiah Hagerman, City Manager, added that Mr. Heckman’s estate received a public hearing notice for the item.
MOVED/SECONDED BY WEILL/DOWNS TO:
A. APPROVE THE RELEASE AND TERMINATION OF THE COVENANT AGAINST SUBDIVISION RECORDED IN 1989;
B. APPROVE THE FILING OF A NOTICE OF EXEMPTION PURSUANT TO CEQA SECTION 15315 (MINOR LAND DIVISIONS); AND
C. APPROVE TENTATIVE PARCEL MAP NO. TPM22-0001 (TPM38152) FOR THE SUBDIVISION OF A 3.24-ACRE PARCEL INTO TWO (2) RESIDENTIAL PARCELS
AND A PRIVATE STREET (LOT A) SUBJECT TO THE CONDITIONS OF
APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0.
ACTION CALENDAR
11. Consider Ordinances Amending Charter and Municipal Code Regarding Measure C Approved by the Voters at the November 8, 2022, General Municipal Election:
A. Ordinance No. (Next-in-Order), an Ordinance of the People of the City of Rancho Mirage, California, Amending the City of Rancho Mirage Charter to Revise the Timing of the Annual Appointment of the Mayor and Mayor Pro Tem as Set Forth in Measure C Approved by the Voters at the November 8, 2022, General Municipal Election.
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B. Ordinance No. (Next-in-Order), 1st Reading, Amending Section 2.02.005 Line of Succession; Appointment of Mayor and Mayor Pro Tem of the Rancho Mirage Municipal Code Pursuant to Measure C Approved by the Voters at the November 8, 2022, General Municipal Election.
Kristie Ramos, City Clerk, presented the staff report.
Public Comments – None.
MOVED/SECONDED BY DOWNS/MARKER TO:
A. AUTHORIZE THE CITY CLERK TO EXECUTE ORDINANCE NO. 1202, AN
ORDINANCE OF THE PEOPLE OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, AMENDING THE CITY OF RANCHO MIRAGE CHARTER TO
REVISE THE TIMING OF THE ANNUAL APPOINTMENT OF THE MAYOR AND
MAYOR PRO TEM AS SET FORTH IN MEASURE C APPROVED BY THE VOTERS AT THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION; AND
B. APPROVE INTRODUCTION OF ORDINANCE NO. 1203, 1ST READING, AMENDING SECTION 2.02.005 LINE OF SUCCESSION; APPOINTMENT OF
MAYOR AND MAYOR PRO TEM OF THE RANCHO MIRAGE MUNICIPAL CODE
PURSUANT TO MEASURE C APPROVED BY THE VOTERS AT THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION.
MOTION CARRIED 5/0.
12. Consider Agua Caliente Band of Cahuilla Indians Tribal Sales Tax Agreements Regarding Sale and Purchase of Meals, Food, and Beverages.
Steve Quintanilla, City Attorney, noted it was not unusual for highly successful business owners to have conflicts of interest when serving as Council Members; their abstaining from voting or recusing themselves due to conflicts of interest showed a genuine commitment to transparency and should not be viewed negatively.
Council Member Marker recused herself from consideration of Item No. 12 due to her company, Marker Broadcasting, doing business with the Tribe for many years, and left the council chamber.
Isaiah Hagerman, City Manager, presented the staff report.
Public Comments – None.
Council Member Weill noted the tax was primarily to offset the cost of public safety. He congratulated Reid Milanovich, Tribal Council Chairman, on the recent passing of a bill to name a Palm Springs post office after his father, Richard Milanovich. He added that Chairman Milanovich was continuing the legacy of his father. Council Member Weill commented that the City had a great relationship with the Tribe and he looked forward to it continuing for many years.
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Mayor Kite noted the City’s relationship with the Tribe had gotten stronger over the years and both parties would benefit from the proposed agreement.
Mayor Pro Tem Downs thanked the Tribe for stepping up to ensure there was appropriate funding for public safety. He asked how the tax was collected.
Hagerman explained how the tax would be collected and disbursed.
MOVED/SECONDED BY WEILL/DOWNS TO APPROVE THE TRIBAL SALES TAX
AGREEMENTS AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE THE
AGREEMENTS AND SUBSEQUENT RELATED AGREEMENTS, EXTENSIONS, OR AMENDMENTS, SUBJECT TO APPROVAL OF THE CITY ATTORNEY. MOTION CARRIED 4/0 (MARKER RECUSED).
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.: 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: Wendy Hope Heckman v. City of Rancho Mirage
Case No.: 5:22-cv-2031 (Central District of California)
4. 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.
5. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d)(4). (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, Wendy Hope Heckman v. City of Rancho Mirage, an unspecified existing litigation item, and one potential initiation of litigation item.
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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 1:56 P.M.
RECONVENE OPEN SESSION
Mayor Kite reconvened the meeting at 4:28 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 4:29 P.M.
Date Approved by City Council:
Prepared by:
____________________
Kristie Ramos, City Clerk
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