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Rancho Mirage City Council
August 17, 2023

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Minutes
Meeting
August 17, 2023
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Rancho Mirage City Council
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Y CITY OF RANCHO MIRAGE

CITY COUNCIL,

LIBRARY AND OBSERVATORY BOARD,

HOUSING AUTHORITY BOARD,

AND THE CITY COUNCIL REPRESENTING

THE REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING
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.

THURSDAY. AUGUST 17, 2023
1:00 P.M .

MINUTES
a) Flag Salute-Led by Mayor Pro Tern Downs.
b) Roll Call: Mallotto, Marker, Weill, Downs, Kite -All Present.

NON-AGENDA PUBLIC COMMENTS
Wally Melendez, Member of the Public, commented that last month was 2.09 degrees hotter than any other month ever recorded on the planet and expressed the need for fuel cell electric vehicles. He mentioned "Rancho Mirage University," adding that many people did not understand global warming. He also stressed the importance of rent-to-own housing options.

Brad Anderson, Rancho Mirage resident, commented that he received an alarming anonymous letter at his home, which he would submit for the record. He also commented that the County was in the process of purchasing the extended stay motel in Cathedral City on Highway 111 across from Ford dealership. He added that the intention was for the facility to be used as a navigation homeless type compound, which he wanted to bring to the Council's attention.

COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Council Member Weill noted heavy rain was expected over the weekend and urged the I community to be careful. ~PP ROVED 08/17/2023 Regular City Council Meeting Minutes Page 1 of 4

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.

2. Approve July 20, 2023 Regular Meeting Minutes .
3 . Approve August 9, 2023 Special Meeting Minutes.

4. Adopt Ordinance No. 1205, 2nd Reading, Approving Specific Plan Amendment Case No .

SP22-0002. (Adding Hotel Use to the Desert Island Specific Plan)

5. Adopt Ordinance No. 1206, 2nd Reading, Approv i ng Statutory Development Agreement with FM71777, LLC, Regarding the Desert Island Hotel Proposed Project at 71777 Frank Sinatra Drive. (Case No. DA22-0003)
6 . Adopt Ordinance No. 1207, 2nd Reading, Approving the Zoning Text Amendment, Case No. ZTA23-0001 . (Amending Title 17 (Zoning), Including Chapter 17.14 (Overlay Districts) to Introduce an Affordable Housing Overlay, Chapter 17 .22 (Affordable Housing Incentives/Density Bonus Provisions) to Remain Consistent with State Density Bonus Law, Chapter 17 .26 (Parking and Loading Standards) to Update Parking Standards for Various Types of Temporary Housing, and Chapter 17 .90 (Definitions))

7. Adopt Ordinance No . 1208, 2nd Reading, Approving the Rancho Monterey Specific Plan Amendment Case No. SP22-0001.
8 . Adopt Ordinance No . 1209, 2nd Reading, Repealing Chapter 2 .30 (Architectural Review Board) of the Rancho Mirage Municipal Code.

9. Approve Final Acceptance of Citywide Crack Sealing Project (CP 23-381).

10. Approve Final Acceptance of Utility Undergrounding Project (CP 20-365).

11. Receive and File the June 30, 2023 Quarterly Treasurer's Report .

Public Comments
Brad Anderson, Rancho Mirage resident, commented on Item No. 3, noting his comments at the August 9, 2023, special meeting were that there was no notice of the meeting at city hall or the library. Regarding Item No. 6, he noted he had written comments to submit, and commented that he was not in favor of the overlay being in the subject area. Regarding Item No. 8, he commented he was not in favor, as it looked like a power play by the City. He added it would not be a working group, but rather private companies .

MOVED/SECONDED BY WEILUDOWNS TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION CARRIED 5/0.

APPROVED 08/17/2023 Regular City Council Meeting Minutes Page 2 of4

l

ACTION CALENDAR

12. Consider Awarding the Contract for Citywide Rubberized Emulsion Aggregate Slurry (REAS) Project, CP 23 -384 , to Pet rochem Materials Innovation , LLC (PMI), in the Amount of $1,671.468.38 .

Ryan Stendell, Director of Public Works, presented the staff report.

Isaiah Hagerman, City Manager, noted that the City website included the schedule of when work would be done on specific streets.

Public Comments
Brad Anderson, Rancho Mirage resident, commented that a contractor recently complained about this selection process. He urged the City Council to be as upfront and honest as possible with companies when disallowing a contracUcontractor.

Council Member Weill commented that the rubberized emulsion aggregate used might be a little more expensive; however, it produced a smoother ride and a lower decibel level. He noted that, over a period of time , residents had gotten used to that kind of upgrade and expected it. Council Member Weill added that there was a distinct feeling going from one city to another; when entering or exiting Rancho Mirage, one could sense the smoothness and lower decibel level. He concluded by noting that the additional expense was well worth it.

Mayor Pro Tern Downs commented that the rubberized component of the slurry made the roadways easier on cars and people.

MOVED/SECONDED BY DOWNS/WEILL TO AWARD THE CONTRACT FOR CITYWIDE RUBBERIZED EMULSION AGGREGATE SLURRY (REAS) PROJECT, CP 23-384, TO PETROCHEM MATERIALS INNOVATION, LLC (PMI), IN THE AMOUNT OF $1,671,468.38.

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: Wendy Hope Heckman v. City of Rancho Mirage
Case No.: 5:22-cv-2031 (Central District of California) APPROVED 08/17/2023 Regular City Council Meeting Minutes Page 3 of 4

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-ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2). (2 Potential Cases)
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, one unspecified existing litigation item, one exposure to litigation item regarding a threat of litigation received related to the scope of rights an elected official had with respect to retaining office, and one exposure to litigation item regarding someone who claimed to be entitled to a rental agreement in one of the City's affordable housing complexes.

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 :23 P.M.

RECONVENE OPEN SESSION
Mayor Kite reconvened the meeting at 2:42 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 2:44 P.M.

Date Approved by City Council: 09/07/2023
~-· '\ 9=
Kristie Ramos, City Clerk
APPROVED 08/17/2023 Regular City Council Meeting Minutes Page 4 of 4

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