DRAFT 01/19/2023 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, JANUARY 19, 2023
1:00 P.M.
DRAFT MINUTES
CALL TO ORDER - 1:00 P.M.
a) Flag Salute – Led by Council Member Lynn Mallotto.
b)Roll Call: Mallotto, Marker, Weill, Downs, Kite - All Present.
Mayor Pro Tem Downs shared that Sheriff’s Lt. Rick Espinoza was in the audience, noting Lt. Espinoza led the Sheriff’s Department team for the City of Rancho Mirage. He called for a moment of silence for two fallen Riverside County Sheriff’s deputies; Deputy Darnell Calhoun and Deputy Isaiah Cordero, who recently lost their lives protecting others. Mayor Pro Tem Downs also expressed appreciation for the deputies who protect and serve the City of Rancho Mirage.
PRESENTATIONS
Announcement of PGA TOUR Champions Galleri Classic at Mission Hills Country Club.
Michelle Delancey, Galleri Classic Tournament Director, presented a video highlighting the upcoming PGA TOUR Champions Galleri Classic tournament to be held at Mission Hills Country Club from March 20th to March 26th. She also provided an overview of events, players, and how to obtain tickets.
Access Remotely iii
Zoom Link:
https://us02web.zoom.us/j/87392214312?pwd=MCtXTVRGU
ENTekZXNTZCQWJyUnNQdz09
Passcode: 746124
Webinar ID: 873 9221 4312
Zoom Call-In Nos.: 1 (669) 444-9171 (Carrier charges may apply) 1 (888) 475-4499 (Toll Free)
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 2-1
DRAFT 01/19/2023 Regular City Council Meeting Minutes Page 2 of 9
The Living Desert Zoo and Gardens Update.
Jan Hawkins and Kippy Laflame, The Living Desert staff, congratulated the newly elected Council Members and expressed gratitude for the City’s support of the zoo. They announced upcoming infrastructure projects at The Living Desert, including a parking lot expansion, Lion Ridge with a pride of three, and an event center. They also noted different ways to support the zoo.
NON-AGENDA PUBLIC COMMENTS
Wally Melendez, member of the public, spoke of a need for fuel cell electric vehicle stations.
Alena Calimanis, member of the public, spoke of the amount of water to be used in the Cotino lagoon and issues with related studies.
Brad Anderson, Ranch Mirage resident, spoke of a Code Compliance citation issued to him.
Deborah McGarrey, Public Affairs Manager for Southern California Gas Company, congratulated newly elected Council Members. She also provided an updated on current natural gas prices and noted ways to reduce gas bills.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Council Member Marker encouraged everyone to attend the Desi Strong 5k Run Walk in support of pediatric cancer, taking place at Rancho Mirage Community Park on February 4th.
Mayor Pro Tem Downs noted Burrtec’s new recycle program and the importance of embracing the new green system. He also announced the winner of the Recycling Right sweepstakes.
Council Member Mallotto announced the 2023 Rancho Mirage Speaker Series would be held at the The Show at Agua Caliente Resort in Rancho Mirage on January 23rd, February 21st, and March 21st. She also reported her attendance at Preservation Mirage, which recognized midcentury modern architecture.
Council Member Weill noted that Dave & Buster’s was coming to The River shopping center this year and he was excited about the possibilities that brought. He provided an overview of local tourism and event statistics for 2019, as well as demographic information. He commented that he thought The River would be undergoing a renaissance much like that of Rancho Las Palmas Shopping Center. Council Member Weill also announced an upcoming Lunar Festival at The River on February 11th.
Mayor Kite shared upcoming no-cost resident programs including the Certified Farmers Market at the Rancho Mirage Community Park on Fridays (offering free yoga), Coachella Valley Symphony concerts at the amphitheater, and City of Rancho Mirage Day at the February 4th Palm Springs Power baseball game.
CITY MANAGER COMMENTS – None.
2-2
DRAFT 01/19/2023 Regular City Council Meeting Minutes Page 3 of 9
Note: A 10-minute recess was taken at this time.
CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the below-listed Consent Calendar items. Item No. 2 was pulled for consideration at the next regular meeting.
1. Waive Full Reading of All Ordinances Introduced or Adopted Pursuant to this Agenda.
2. Approve December 15, 2022, Regular Meeting Minutes.
3. Adopt Ordinance No. 1203, 2nd 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.
4. Adopt Joint Resolution No. 2023-(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.
5. Approve Final Acceptance of CP 22-377 - Rancho Mirage Library Reroof.
6. Approve Contracts.
7. Approve Demands.
Public Comments - None.
MOVED/SECONDED BY DOWNS/WEILL TO APPROVE CONSENT CALENDAR ITEM NOS. 1, 3, 4, 5, 6, AND 7, AS PRESENTED. MOTION CARRIED 5/0.
PUBLIC HEARINGS
8. Resolution No. 2023-(Next-in-Order), Adopting Permanent Local Housing Allocation Plan and Authorizing Application for, and Receipt of, Permanent Local Housing Allocation (PLHA) Grant Funds.
Marcus Aleman, Housing Manager, presented the report.
Public Comments - None.
Council Member Weill asked why this grant application required Council approval, as they usually did not.
Isaiah Hagerman, City Manager, replied that each grant application had its own process and requirements, and some required a Council resolution.
2-3
DRAFT 01/19/2023 Regular City Council Meeting Minutes Page 4 of 9
Council Member Mallotto asked what type of property rehabilitation was included in the allocation.
Marcus Aleman, Housing Manager, responded that projects currently being considered were upgrading of exterior lighting and resurfacing of walkways and pavement.
Council Member Mallotto asked if the grant was conducive to solar installation or tankless water heaters; things in line with energy efficiency.
Mr. Aleman noted staff would look into Council Member Mallotto’s suggested improvements.
MOVED/SECONDED BY WEILL/MALLOTTO TO ADOPT RESOLUTION NO. 2023-02,
ADOPTING PERMANENT LOCAL HOUSING ALLOCATION PLAN AND AUTHORIZING
APPLICATION FOR, AND RECEIPT OF, PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM FUNDS. MOTION CARRIED 5/0.
9. Resolution No. 2023-(Next-in-Order), Adjusting Electric Generation Rate Schedule for Rancho Mirage Energy Authority (RMEA) Community Aggregation Program.
Jessica L. Pulliam, Senior Management Analyst, presented the report.
Public Comments - None.
Council Member Weill asked how much RMEA customers were currently saving.
Ms. Pulliam responded that the savings was currently at half a percent.
MOVED/SECONDED BY DOWNS/MARKER TO ADOPT RESOLUTION NO. 2023-03,
ADJUSTING ELECTRIC GENERATION RATE SCHEDULE FOR RANCHO MIRAGE ENERGY AUTHORITY COMMUNITY AGGREGATION PROGRAM. MOTION CARRIED 5/0.
10. Minor Modification Case No. MOD22-0048 (Original Entitlement: Environmental Assessment Case No. 160002, General Plan Zoning Map Amendment Case No.
GPZMA18002, Specific Plan Amendment Case No. SPA16001, Tentative Tract Map No. 37122 and Preliminary Development Plan Case No. PDP16003). Location: South Side of Highway 111 at the Signalized Intersection of Highway 111 and One Mirage Place (APNs 674-490-026, 674-490-027, 674-490-028, 674-490-031, 674-490-032, 674-490-033, 674- 490-036, 674-490-037, 674-490-038, and 674-490-039). Applicant: Horizon Pacific - Rancho Cove, LLC:
A. Consider Approving the filing of a Notice of Exemption Pursuant to California Environmental Quality Act Guidelines Section 15162 (Subsequent EIRs and Negative Declarations); and
B. Consider Approving Minor Modification Case No. MOD22-0048 to Revise Condition of Approval Number 69 of the Original Entitlement Package regarding Project Site Drainage and Water Retention.
2-4
DRAFT 01/19/2023 Regular City Council Meeting Minutes Page 5 of 9
Majna Dukic, Director of Development Services, presented the report.
Public Comments - None.
Council Member Weill asked if there were any areas in which the City could be held liable for additional costs connected to the development.
City Attorney, Steve Quintanilla, noted the proposed revisions were carefully reviewed and went through several iterations to ensure there were no additional liabilities for the City.
Mayor Kite asked if there was any contact with the developers regarding the future of the property.
City Attorney, Steve Quintanilla, commented their primary focus was on the subject condition, but they still had valid permits.
MOVED/SECONDED BY WEILL/DOWNS TO:
A) APPROVE THE FILING OF A NOTICE OF EXEMPTION PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS); AND
B) APPROVE MINOR MODIFICATION CASE NO. MOD22-0048 TO REVISE CONDITION OF APPROVAL NUMBER 69 OF THE ORIGINAL ENTITLEMENT
PACKAGE REGARDING PROJECT SITE DRAINAGE AND WATER RETENTION (ORIGINAL ENTITLEMENT: ENVIRONMENTAL ASSESSMENT CASE NO. 160002, GENERAL PLAN ZONING MAP AMENDMENT CASE NO. GPZMA18002, SPECIFIC PLAN AMENDMENT CASE NO. SPA16001, TENTATIVE TRACT MAP NO. 37122 AND PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP16003).
MOTION CARRIED 5/0.
ACTION CALENDAR
11. Consider Allocating Additional Funds to the Turf Rebate Program in Partnership with Coachella Valley Water District.
Jessica L. Pulliam, Senior Management Analyst, presented the report.
Public Comments
Jeff Johnson, Rancho Mirage resident and Versailles HOA treasurer, encouraged the Council to continue the turf rebate program, noting the recurring drought situation.
Council Member Weill asked if staff had a map depicting areas being watered with well water.
Ms. Pulliam responded that staff had done preliminary research on areas that could benefit from a supplemental program, and it was estimated that roughly half a million square feet could potentially be part of such a program.
2-5
DRAFT 01/19/2023 Regular City Council Meeting Minutes Page 6 of 9
Isaiah Hagerman, City Manager, noted that CVWD did not have a complete list of well customers. He added that most grass remaining along regional roads next to HOAs was likely being watered with well water and not subject to CVWD requirements.
Mayor Pro Tem Downs thanked Mr. Johnson for his comments and expressed support of extending the program. He also asked if his understanding was correct that CVWD had yet to determine if they would participate in a program for well water customers.
Mr. Hagerman replied that City and CVWD staff discussed the possibility of partnering in a supplemental program for well water users; however, CVWD had not yet determined if they would participate. He added that if the Council approved a supplement program for well water users, it may be solely a City program.
Mayor Pro Tem Downs noted that the Coachella Valley Mosquito and Vector Control District encouraged cities to eliminate turf bordering city streets, as mosquitos are bred in irrigation water runoff in culverts. He expressed support for Option No. 1. He asked for clarification on how a motion on the item should be structured.
Mr. Hagerman responded that Council should decide whether to approve additional funding for the current program and also decide how to approach a well water program, if at all.
Council Member Weill asked if City staff was prepared to handle the administrative aspects of a new well water program.
Mr. Hagerman replied that such a program would run similarly to programs the City administered prior to partnering with CVWD.
Mayor Pro Tem asked if the City could reevaluate partnering with CVWD if they ultimately decided to fund a well water program.
Mr. Hagerman said the City could reevaluate partnering with CVWD in the future.
Council Member Weill commented that partnering with CVWD was preferable, as it took a lot of pressure off staff.
Mr. Hagerman noted there would likely be less well water applicants than regular applicants.
Mayor Kite asked how much funding the City had allocated to the program to date.
Ms. Pulliam reported that $2.5 million had been allocated and, if the current proposal was approved, total allocation would be $2.85 million.
MOVED/SECONDED BY DOWNS/MARKER TO APPROVE AN ADDITIONAL $350,000
BUDGET ALLOCATION TO THE CURRENT TURF REBATE PROGRAM AND CREATE A SUPPLEMENTAL CITY PROGRAM TO PROVIDE A DIRECT REBATE OF $1 PER SQ. FT.
FOR LIVING TURF REMOVAL FOR HOA PROJECTS THAT ARE INELIGIBLE FOR THE
CURRENT CVWD PROGRAM DUE TO BEING ON WELL WATER, WITH ELIGIBLE
PROJECTS LIMITED TO AREAS OUTSIDE PERIMETER WALLS THAT ABUT CITY STREETS, WITH STAFF-RECOMMENDED INITIAL BUDGET OF $100,000. MOTION CARRIED 5/0.
2-6
DRAFT 01/19/2023 Regular City Council Meeting Minutes Page 7 of 9
12. Appointments to the Rancho Mirage Housing Commission and the Rancho Mirage Library and Observatory Advisory Commission.
Isaiah Hagerman, City Manager, presented the staff report.
Public Comments - None.
Council Member Marker commented that Mrs. Genesen was a wonderful addition to the Housing Commission, noting her family had lived in Rancho Mirage for 30 years.
Mayor Kite commented that Donald Stein was a 24-year resident of Rancho Mirage and had done an excellent job fundraising and working with charities outside the area.
MOVED/SECONDED BY WEILL/MARKER TO:
A) APPOINT LEIGH GENESEN TO SERVE AS A MEMBER OF THE RANCHO MIRAGE HOUSING COMMISSION FOR THE REMAINDER OF THE CURRENT TERM; AND
B) APPOINT DONALD STEIN TO SERVE AS A MEMBER OF THE RANCHO MIRAGE
LIBRARY & OBSERVATORY ADVISORY COMMISSION FOR THE REMAINDER OF THE CURRENT TERM.
MOTION CARRIED 5/0.
13. Appointment of a City Council Member to the Rancho Mirage Writers Festival Board.
Isaiah Hagerman, City Manager, presented the staff report.
Public Comments - None.
MOVED/SECONDED BY KITE/WEILL TO NOMINATE AND APPOINT MAYOR PRO TEM STEVE DOWNS TO THE RANCHO MIRAGE WRITERS FESTIVAL BOARD. MOTION CARRIED 5/0.
14. Annual Appointments of City Council Representatives to Various Outside Agency Boards, Committees, and Commissions.
Isaiah Hagerman, City Manager, presented the staff report.
Public Comments - None.
MOVED/SECONDED BY WEILL/MALLOTTO TO CONFIRM THE ANNUAL APPOINTMENTS
OF CITY COUNCIL REPRESENTATIVES TO VARIOUS OUTSIDE AGENCY BOARDS, COMMITTEES, AND COMMISSIONS AS PRESENTED. MOTION CARRIED 5/0.
2-7
DRAFT 01/19/2023 Regular City Council Meeting Minutes Page 8 of 9
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.
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 3:18 P.M.
RECONVENE OPEN SESSION
Mayor Kite reconvened the meeting at 3:57 P.M.
CLOSED SESSION ANNOUNCEMENTS
Steven Quintanilla, City Attorney, announced there was no reportable action taken during closed session.
2-8
DRAFT 01/19/2023 Regular City Council Meeting Minutes Page 9 of 9
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 3:59 P.M.
Date Approved by City Council:
Prepared by:
____________________
Kristie Ramos, City Clerk
2-9