DRAFT 06/01/2023 Regular City Council Meeting Minutes Page 1 of 8
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, JUNE 1, 2023
1:00 P.M.
DRAFT MINUTES
Meeting Location:
City of Rancho Mirage
City Hall - Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
CALL TO ORDER – 1:00 P.M.
a)Flag Salute - Led by Council Member Ted Weill.
b)Roll Call: Mallotto, Marker, Weill, Downs, Kite – All Present.
PRESENTATIONS
Presentation of a Proclamation Recognizing June as Pride Month in Rancho Mirage to Good Trouble of Del Webb Rancho Mirage.
Council Member Mallotto presented a proclamation recognizing June as Pride Month to the Good Trouble group from Del Webb Rancho Mirage. She commented on the City’s long history of embracing the LGBTQ+ community.
Ken Richard, Good Trouble representative, accepted the proclamation and spoke of the ongoing fight for equality for the LGBTQ+ community. He expressed his gratitude to the City Council, staff, and Council Member Mallotto for the recognition. 1-1
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NON-AGENDA PUBLIC COMMENTS
Robert Block, Rancho Mirage resident, noted he was a resident of Key Largo Estates. He thanked the City for removing sand from Dinah Shore Drive and installing a barrier fence for blow sand, which was an ongoing problem in the area. He also suggested landscaping be added to the medians on Dinah Shore Drive between Bob Hope Drive and Monterey Avenue.
Michael McDaniel, Director of Donor Recruitment for LifeStream Blood Bank, provided an update on their Nine Cities Challenge blood drive, and announced the upcoming blood drive challenge would begin July 1st. He noted that LifeStream was the primary supplier for Desert Care Network, and reminded the public that they may schedule blood donation appointments online.
Brad Anderson, Rancho Mirage resident, expressed concerns regarding remote meeting access and video recordings. He requested a time stamp be included on the closed session portion of meeting videos. He also commented that misleading information was provided to the community regarding license plate readers.
Kay Williams, Rancho Mirage resident, spoke regarding homelessness in the Peterson Road neighborhood. She reported that lighting and fencing was removed, and there had been vandalism.
She added that people had set up tents and shelters near the tamarisk trees and she was concerned there could be a fire or a confrontation could result from individuals attempting to protect their properties. Ms. Williams asked the Council for assistance on the issue.
Wally Melendez, member of the public, spoke of the need for solar power electric chargers. He also spoke in opposition to the vehicle chargers at City Hall and the library being taken over by a private company.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Council Member Weill thanked everyone who joined him on Memorial Day at Rancho Mirage Community Park. He specifically praised Barbara, who invited him to pray with her while she was there. Additionally, he expressed gratitude to law enforcement for reaching out to the community through the recent meet and greet at Ben & Jerry’s, as well as to the owner of Ben & Jerry’s.
Council Member Marker commented that she was proud to be on the City Council. She also acknowledged and thanked those in attendance to celebrate Pride Month.
Mayor Pro Tem Downs presented results of the Visit Greater Palm Springs Economic Impact Report, stressing the significance of tourism for the City.
CITY MANAGER COMMENTS
Isaiah Hagerman, City Manager, provided an update on the homelessness issue on Peterson Road and thanked the Sheriff's Department and Code Compliance staff for their assistance on the matter. He noted that City Council and Planning Commission meeting livestreams were available on the City website. He also noted that the electric vehicle chargers at City Hall were purchased from a firm called Charge Point, and the rate only covered the charging cost.
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CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the below-listed Consent Calendar items:
1. Approve May 17, 2023 Special Meeting Minutes.
2. Approve May 18, 2023 Regular Meeting Minutes.
3. Adopt Resolution No. 2023-17, Establishing the Appropriations Limit for Fiscal Year 2023/2024 in Accordance with the Provisions of Division 9 of Title 1 of the California Government Code.
4. Approve Contracts.
5. Approve Demands.
Public Comments – None.
MOVED/SECONDED BY WEILL/MALLOTTO TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION CARRIED 5/0.
PUBLIC HEARINGS
6. Consider Approving Consolidated Landscaping & Lighting Maintenance Assessment District No. 87-01 - Final Engineer’s Annual Levy Report & Levy of Assessments for Fiscal Year 2023/2024:
A. Resolution No. 2023-(Next-in-Order), Approving the Final Engineer’s Annual Levy Report for the Consolidated Landscaping and Lighting Maintenance Assessment District No. 87-01 for Fiscal Year 2023/2024.
B. Resolution No. 2023-(Next-in-Order), Ordering the Levy and Collection of Annual Assessments for the Consolidated Landscaping and Lighting Maintenance Assessment District No. 87-01 for Fiscal Year 2023/2024.
Ian Lasley, Assistant Director of Public Works, presented the staff report.
Public Comments – None.
MOVED/SECONDED BY WEILL/MARKER TO:
A. ADOPT RESOLUTION NO. 2023-18, APPROVING THE FINAL ENGINEER’S
ANNUAL LEVY REPORT FOR THE CONSOLIDATED LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 87-01 FOR FY 2023/24;
B. ADOPT RESOLUTION NO. 2023-19, ORDERING THE LEVY AND COLLECTION
OF ANNUAL ASSESSMENTS FOR THE CONSOLIDATED LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 87-01 FOR FY 2023/24; AND
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C. DIRECT THE CITY CLERK TO FILE WITH THE APPROPRIATE AGENCIES
CERTIFIED COPIES OF THE ABOVE RESOLUTIONS AS MAY BE REQUIRED, TOGETHER WITH ACCOMPANYING EXHIBITS, ATTACHMENTS AND REPORTS.
MOTION CARRIED 5/0.
ACTION CALENDAR
7. Consider Approving Annual Levy of Special Taxes and Assessment for Fire Protection and Prevention, and Community Facilities District Nos. 1 and 2:
A. Resolution No. 2023-(Next-in-Order), Ordering the Levy and Collection of the Fire Tax and Fire Excise Tax Pursuant to Ordinance No. 190 and Ordinance No. 475 for Fiscal Year 2023/2024.
B. Resolution No. 2023-(Next-in-Order), Establishing and Ordering the Levy and Collection of the Annual Special Tax Pursuant to Ordinance No. 485 for Community Facilities District No. 1 (Police and Fire Services) and Annexations thereto for Fiscal Year 2023/2024.
C. Resolution No. 2023-(Next-in-Order), Establishing and Ordering the Levy and Collection of the Annual Special Tax Pursuant to Ordinance No. 767 for Community Facilities District No. 2 (Westin Vacation Club) and Annexations thereto for Fiscal Year 2023/2024.
Kofi Antobam, Director of Administrative Services, presented the staff report.
Public Comments – None.
MOVED/SECONDED BY MALLOTTO/MARKER TO:
A. ADOPT RESOLUTION NO. 2023-20, ORDERING THE LEVY AND COLLECTION OF THE FIRE TAX AND FIRE EXCISE TAX PURSUANT TO ORDINANCE NO. 190 AND ORDINANCE NO. 475 FOR FISCAL YEAR 2023/2024;
B. ADOPT RESOLUTION NO. 2023-21, ESTABLISHING AND ORDERING THE LEVY
AND COLLECTION OF THE ANNUAL SPECIAL TAX PURSUANT TO ORDINANCE NO. 485 FOR COMMUNITY FACILITIES DISTRICT NO. 1 (POLICE AND FIRE SERVICES) AND ANNEXATIONS THERETO FOR FISCAL YEAR 2023/2024; AND
C. ADOPT RESOLUTION NO. 2023-22, ESTABLISHING AND ORDERING THE LEVY
AND COLLECTION OF THE ANNUAL SPECIAL TAX PURSUANT TO ORDINANCE NO. 767 FOR COMMUNITY FACILITIES DISTRICT NO. 2 (WESTIN VACATION CLUB) AND ANNEXATIONS THERETO FOR FISCAL YEAR 2023/2024.
MOTION CARRIED 5/0.
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8. Consider Approving Proposed Budget for Fiscal Years 2023/2024 and 2024/2025:
A. Resolution No. 2023-(Next-in-Order), Approving and Adopting the City’s Fiscal Year 2023/2024 and Tentatively Approving the Fiscal Year 2024/2025 Budget.
B. Resolution No. 2023-(Next-in-Order), Approving and Adopting the Library and Observatory Fiscal Year 2023/2024 Budget and Tentatively Approving the Fiscal Year 2024/2025 Budget.
C. Resolution No. 2023-(Next-in-Order), Approving and Adopting the City of Rancho Mirage Housing Authority’s Fiscal Year 2023/2024 Budget and Tentatively Approving the Fiscal Year 2024/2025 Budget.
D. Resolution No. 2023-(Next-in-Order), Approving and Adopting a Schedule of Reimbursement for City Staff Time to be Paid to the City of Rancho Mirage for Fiscal Year 2023/2024 and Tentatively for Fiscal Year 2024/2025.
E. Resolution No. 2023-(Next-in-Order), Approving and Adopting the Rancho Mirage Community Services District’s Fiscal Year 2023/2024 Budget and Tentatively Approving the Fiscal Year 2024/2025 Budget.
F. Resolution No. 2023-(Next-in-Order), Approving and Adopting a Reimbursement Schedule of City Staff Services Subject to Payment by Designated Special Funds for Fiscal Year 2023/2024 and Tentatively for Fiscal Year 2024/2025.
G. Resolution No. 2023-(Next-in-Order), Approving Updates to the Calendar Year 2023 Salary Schedule to Comply with California Public Employee’s Retirement System (CalPERS) Statutory and Regulatory Requirements for Compensation Earnable and Publicly Available Pay Schedules.
Kofi Antobam, Director of Administrative Services, thanked the City Manager and staff for their assistance with the proposed budget.
Joseph Carpenter, Senior Manager Finance/Human Resources, presented the staff report.
Council Member Weill thanked Mr. Antobam and Mr. Carpenter for their work and expressed gratitude to the City Manager, noting the City Manager’s CPA certification had been of great use.
Council Member Mallotto thanked the department directors for their efforts, commenting it had been a pleasure working alongside them.
Public Comments – None.
MOVED/SECONDED BY WEILL/MARKER TO ADOPT THE RESOLUTIONS IDENTIFIED AS RESOLUTIONS “A” THROUGH “G”:
A. RESOLUTION NO. 2023-23, APPROVING AND ADOPTING THE CITY’S FISCAL YEAR 2023-2024 BUDGET AND TENTATIVELY APPROVING THE FISCAL YEAR 2024-2025 BUDGET;
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B. RESOLUTION NO. 2023-LB-03, APPROVING AND ADOPTING THE LIBRARY AND OBSERVATORY FISCAL YEAR 2023-2024 BUDGET AND TENTATIVELY APPROVING THE FISCAL YEAR 2024-2025 BUDGET;
C. RESOLUTION NO. 2023-HA-03, APPROVING AND ADOPTING THE CITY OF RANCHO MIRAGE HOUSING AUTHORITY’S FISCAL YEAR 2023-2024 BUDGET AND TENTATIVELY APPROVING THE FISCAL YEAR 2024-2025 BUDGET;
D. RESOLUTION NO. 2023-HA-04, ADOPTING AND APPROVING A SCHEDULE OF
REIMBURSEMENT FOR CITY STAFF TIME TO BE PAID TO THE CITY OF RANCHO MIRAGE FOR FISCAL YEAR 2023-2024 AND TENTATIVELY FOR FISCAL YEAR 2024-2025;
E. RESOLUTION NO. 2023-CSD-02, APPROVING AND ADOPTING THE RANCHO MIRAGE COMMUNITY SERVICES DISTRICT’S FISCAL YEAR 2023-2024 BUDGET AND TENTATIVELY APPROVING THE FISCAL YEAR 2024-2025 BUDGET;
F. RESOLUTION NO. 2023-24, APPROVING AND ADOPTING A REIMBURSEMENT
SCHEDULE OF CITY STAFF SERVICES SUBJECT TO PAYMENT BY
DESIGNATED SPECIAL FUNDS FOR FISCAL YEAR 2023-2024 AND
TENTATIVELY FOR FISCAL YEAR 2024-2025; AND
G. RESOLUTION NO. 2023-25, APPROVING UPDATES TO THE CALENDAR YEAR 2023 SALARY SCHEDULE TO COMPLY WITH CALIFORNIA PUBLIC
EMPLOYEE’S RETIREMENT SYSTEM (CALPERS) STATUTORY AND
REGULATORY REQUIREMENTS FOR COMPENSATION EARNABLE AND
PUBLICLY AVAILABLE PAY SCHEDULES.
MOTION CARRIED 5/0.
9. Consider Approving Certificates of Compliance for Fiscal Year 2023/2024 Tax Roll.
Ian Lasley, Assistant Director of Public Works, presented the staff report.
Public Comments – None.
MOVED/SECONDED BY MARKER/MALLOTTO TO AUTHORIZE THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE THE NECESSARY CERTIFICATES OF COMPLIANCE
AND/OR OTHER DOCUMENTS AS MAY BE REQUIRED FOR EACH FIXED CHARGE
DISTRICT TO BE SUBMITTED FOR LEVYING AND COLLECTION ON THE FISCAL YEAR 2023/2024 TAX ROLL. MOTION CARRIED 5/0.
10. Consider Adopting Resolution No. 2023-(Next-in-Order), Ordering the Levy and Collection of the Park Maintenance Special Tax Pursuant to Ordinance No. 685 for Fiscal Year 2023/2024.
Ian Lasley, Assistant Director of Public Works, presented the staff report.
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Public Comments – None.
MOVED/SECONDED BY MALLOTTO/MARKER TO:
A. ADOPT RESOLUTION NO. 2023-26, ORDERING THE LEVY AND COLLECTION OF THE PARK MAINTENANCE SPECIAL TAX PURSUANT TO ORDINANCE NO. 685 FOR FISCAL YEAR 2023/2024; AND
B. DIRECT THE CITY CLERK TO FILE CERTIFIED COPIES OF THE ABOVE
RESOLUTION AND ACCOMPANYING EXHIBITS, ATTACHMENTS, AND
REPORTS WITH THE APPROPRIATE AGENCIES AS REQUIRED.
MOTION CARRIED 5/0.
11. Consider Awarding Contract for Sidewalk Gaps Improvements (CP 20-361), to LC Paving & Sealing, Inc., in the Amount of $263,410.
Ryan Stendell, Director of Public Works, presented the staff report.
Public Comments
Peter Delgado, Owner of Voltaire Engineering, protested the contract being awarded to LC Paving & Sealing, Inc. He commented that his company was from Redlands, California, and was the lowest bidder. He noted that all bids submitted for the project had deficiencies. He urged the Council and staff to rethink their choice and offer a chance to a small business.
Mayor Pro Tem Downs asked Mr. Stendell if he had thoroughly evaluated the proposals before reaching the subject recommendation, along with the City Attorney and City Manager.
Mr. Stendell responded that the bids had been thoroughly evaluated, staff had cordially consulted with Mr. Delgado, and staff stood by the recommendation in the staff report.
Council Member Weill noted the City makes every effort to consider all circumstances and the Public Works Department thoroughly evaluated potential business partners. He added he was confident that the City Attorney examined the situation prior to it being presented to Council for a vote.
MOVED/SECONDED BY WEILL/MARKER TO AWARD THE CONTRACT FOR THE SIDEWALK GAPS IMPROVEMENTS, CITY PROJECT CP 20-361, TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, LC PAVING & SEALING, INC., IN THE AMOUNT OF $263,410.00. 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.: CVRI2100368
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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 2:05 P.M.
RECONVENE OPEN SESSION
Mayor Pro Tem Downs reconvened the meeting at 2:54 P.M.
CLOSED SESSION ANNOUNCEMENTS
Steve Quintanilla, City Attorney, reported 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 2:55 P.M.
Date Approved by City Council:
____________________
Kristie Ramos, City Clerk
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