DRAFT 07/06/2023 Regular City Council Meeting Minutes Page 1 of 6
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, JULY 6, 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 Malloto.
b) Roll Call: Mallotto, Marker, Weill, Downs, Kite. – All Present.
PRESENTATIONS
Recognition of Bill Maxwell for his Service on the City of Rancho Mirage Planning Commission.
Mayor Pro Tem Downs presented Bill Maxwell with a plaque in recognition of his eight years of service on the Planning Commission and expressed gratitude for Mr. Maxwell's insight and leadership.
Mr. Maxwell thanked the City Council and staff for the acknowledgement and spoke of his experience on the Planning Commission.
Council Member Weill thanked Mr. Maxwell for his service on the Planning Commission, noting he served with dignity and brought a degree of calmness to the position.
Mayor Kite thanked Mr. Maxwell, noting that the City of Rancho Mirage had benefited from Mr. Maxwell’s service on the Planning Commission.
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NON-AGENDA PUBLIC COMMENTS
Luz Gonzalez, Vice President and Relationship Manager for Bank of Southern California and Rancho Mirage Chamber of Commerce representative, provided updates on the bank and the Chamber.
Darla Burkett, Coachella Valley Rescue Mission Executive Director, thanked council members for attending their gala and provided an overview of the organization.
Alena Callimanis, member of the public, spoke in opposition to the size of the Cotino lagoon, and raised questions regarding potential safety issues. She provided a handout for the City Council.
Brad Anderson, Rancho Mirage resident, spoke regarding mosquito abatement, commented that license plate readers could be used for surveillance, and mentioned inaccuracies in a Cove committee report.
Wally Melendez, member of the public, spoke regarding a need for higher education and the use of fuel-efficient vehicles.
Peter Delgado, member of the public, spoke regarding his sidewalk project bid being disqualified and requested additional explanation.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Mayor Pro Tem Downs provided an update on Visit Greater Palm Springs (VGPS), including an overview of their annual budget. He also reported that he supported VGPS’s resolution opposing Senate Bill 584 (SB 584), regarding short term rentals. He mentioned people may question his support of a resolution that would help short term rentals when they are prohibited in Rancho Mirage. Mayor Pro Tem Downs explained that SB 584 was bad economics for the desert because some local cities allow short term rentals; the bill would have a seriously dampening effect on tourism and revenue generation for those cities. He noted that an impact on tourism in the desert would impact Rancho Mirage. He added that the bill was also bad public policy because it proposed raising revenues to support affordable housing by tacking on a 15% additional transient occupancy tax (TOT) to short term rentals. He noted that the State had many other ways to raise revenues to support their programs and it should not be done through TOT.
Council Member Weill thanked the Agua Caliente Tribe for the spectacular fireworks display on July 4th and spoke of the significance and history of the Independence Day holiday. He also commented on how the nonpartisan structure of the City Council benefits the City.
CITY MANAGER COMMENTS - None.
CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the below-listed Consent Calendar items:
1. Approve June 15, 2023 Regular Meeting Minutes.
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2. Adopt Resolution No. 2023-(Next-in-Order), Summarily Vacating Approximately 2.454 Acres of Excess Right-of-Way/Easement Area, Located Within a Portion of the Northeast Quadrant of Section 31 (Cotino), Township 4 South, Range 6 East, San Bernardino Meridian.
3. Approve Final Acceptance of Improvements for Tract Map No. 34435 - Iridium.
4. Approve Contracts.
5. Approve Demands.
Public Comments
Brad Anderson, Rancho Mirage resident, commented that he was opposed to approval of Agenda Item No. 2 because he did not see any financial instrument to it. Regarding Agenda Item No. 4, he commented that cybersecurity was important and asked if the public would be notified if the City experienced a ransomware attack.
MOVED/SECONDED BY WEILL/DOWNS TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION CARRIED 5/0.
PUBLIC HEARINGS
6.Consider Adopting Resolution No. 2023-(Next-in-Order), Designating the Residential Home Located at 40267 Club View Drive, Rancho Mirage, California (Assessor Parcel Number 684-034-008) a Historic Resource.
Ben Torres, Planning Manager, presented the staff report.
Mayor Kite commented that the subject house was a very significant piece of Rancho Mirage history, as it was built in 1951 by architect William Cody, and recommended approval.
Public Comments – None.
MOVED/SECONDED BY DOWNS/WEILL TO ADOPT RESOLUTION NO. 2023-30, DESIGNATING THE RESIDENTIAL HOME LOCATED AT 40267 CLUB VIEW DRIVE, RANCHO MIRAGE, CALIFORNIA (ASSESSOR PARCEL NUMBER 684-034-008) A HISTORIC RESOURCE. MOTION CARRIED 5/0
7. Environmental Assessment Case No. EA22-0020 and Preliminary Development Plan Case No. PDP22-0005 – Cotino Residential Design Guidelines. Applicant: DMB Development LLC on Behalf of ECRM Residential. Consideration to Establish Master Residential Design Guidelines for Detached Single-Family Residences and Modify the Development Review Process from Discretionary to Ministerial if in Compliance with the Proposed Project. The Design Guidelines Will Serve as a Companion Document to the Section 31 Specific Plan by Providing Additional Guidance for Detached Single-Family Residential Development within the Section 31 Specific Plan Area, which is Comprised of Approximately 618 Acres. The Section 31 Specific Plan Area is Bounded by Gerald Ford Drive to the North, Monterey Avenue to the East, Frank Sinatra Drive to the South, and Bob Hope Drive to the West.
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A. Consider Finding Preliminary Development Plan Case No. PDP22-0005 Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations); and
B. Consider Adopting Resolution No. 2023-(Next-In-Order), Approving Preliminary Development Plan Case No. PDP22-0005, Subject to the Conditions of Approval and Based on the Content and Findings in the Staff Report.
Joy Tsai, Senior Planner, presented the staff report.
Public Comments
Kenneth Dobson, resident and Board President of Palm Desert Greens Country Club, reported issues with blow sand coming from the Cotino project and expressed concern that the proposed action would exempt the project from any further air quality control. He asked that the City mitigate the blow sand issue.
Mike Morsch, resident of Palm Desert Greens Country Club, expressed concern with blow sand coming from the Cotino project. He recommended that council members watch the last Palm Desert council meeting, which included a presentation on sand mitigation. He also thanked the City of Rancho Mirage for installing a “No Right Turn” illuminated sign at Frank Sinatra Drive and Monterrey Avenue, noting the quick response to a safety issue was appreciated. He added that low visibility due to blow sand was also a safety issue.
Brad Anderson, Rancho Mirage resident, commented that he previously discussed the matter of blow sand from Cotino with City staff, but was unaware it was still a problem for people in Palm Desert.
Steve Quintanilla, City Attorney, noted that everything being proposed had already been considered in the environmental report previously approved by Council and that the City was not exempting the project from State environmental law.
Christopher Craig, resident of Palm Desert Greens Country Club, requested clarification on the California Environmental Quality Act (CEQA) guidelines cited and asked who the lead agency was.
Steve Quintanilla, City Attorney, responded that the City of Rancho Mirage was the lead agency.
Council Member Weill thanked the developer for the plans. He commented that the designs were terrific and in no way were CEQA standards being lowered.
Mayor Kite asked when the homes would be available for the public to view or purchase.
Mary Alexander, DMB Development representative, reported that consumers could anticipate the products going on sale early next year.
Isaiah Hagerman, City Manager, reported that the issue of blow sand had been challenging this year for all local cities. He noted that the Cotino project was continuously monitored, and staff was doing a superb job of removing sand from roads, even when it returned within hours. He asked the Director of Public Works to elaborate on mitigation efforts.
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Ryan Stendell, Director of Public Works, reported that a group was assembled to deal with the blow sand issue, including the Department of Motor Vehicles, which had offered assistance. He added that staff constantly ensured that all municipal rules were followed and also held recurring meetings with the South Coast Air Quality Management District (SCAQMD).
Mayor Pro Tem Downs commented that the subject item was an efficiency request, as Council had already approved the tract map. He noted that the proposal established clear guidelines and was advantageous, so long as the builders abided by them. He added that building quickly would assist with the blow sand problem.
Mary Alexander commended the team they had on the ground, noting a water truck constantly drove around when a sand issue arose. She added they have no problem paying the costs associated with clearing the sand, and they were doing their best to avoid sand in the air or streets.
Mayor Kite thanked everyone for attending and participating in the process.
MOVED/SECONDED BY WEILL/DOWNS TO:
A. FIND PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0005 EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15162 (SUBSEQUENT EIRS AND NEGATIVE
DECLARATIONS); AND
B. ADOPT RESOLUTION NO. 2023-31, APPROVING PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0005, SUBJECT TO THE CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
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
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)
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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 2:22 P.M.
RECONVENE OPEN SESSION
Mayor Kite reconvened the meeting at 3:40 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 3:41 P.M.
Date Approved by City Council:
___________________________
Kristie Ramos, City Clerk
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