DRAFT 09/07/2023 Regular City Council Meeting Minutes Page 1 of 10
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, SEPTEMBER 7, 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 Steve Quintanilla, City Attorney. b)Roll Call: Mallotto, Marker, Weill, Downs, Kite – All present.
PRESENTATIONS
Rotary Club of Rancho Mirage Update.
David Hammer, Past President of the Rotary Club of Rancho Mirage, provided an update on the Rotary Club, including a PowerPoint presentation, and presented the City with a 2023 Sponsorship Recognition Certificate in appreciation for supporting community service and international humanitarian projects.
Children’s Discovery Museum of the Desert Update.
Cindy Burreson, CEO of Children’s Discovery Museum of the Desert, announced a museum grand reopening would be held on March 25, 2024. She also introduced Paige Elder, the museum’s new Director of Education, and shared video highlighting museum renovations and programming. 3-1
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Rancho Mirage Certified Farmers Market Announcement.
Christiana Green, Owner/Operator of the Rancho Mirage Certified Farmers Market, announced that the next season of the Rancho Mirage Certified Farmers Market would take place every Friday, October through May, at Rancho Mirage Community Park. She presented a video highlighting the event and explained the benefits of shopping at farmers markets.
NON-AGENDA PUBLIC COMMENTS
Susan Ragsdale, member of the public, spoke regarding her eviction from Whispering Waters and the related court case.
Eric Cunningham, Rancho Mirage resident, spoke on behalf of The Extra Project, a think tank in Rancho Mirage. He presented an idea to convert and existing City park into a literal “Playground of Presidents.”
Brad Anderson, Rancho Mirage resident, requested the City revamp its administrative citation process and spoke of his experience in dealing with the citation process.
Wally Melendez, member of the public, spoke of hydrogen chargers being the future, the need for a Rancho Mirage university, the style of electric vehicles, and global warming.
Mark Dubose, Rancho Mirage resident, noted he lived on Vista Del Sol, which was being used to hook up the sewer line for the Cotino project, and spoke of a need for Vista Del Sol to be paved soon.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Council Member Mallotto thanked the City’s public works staff for their efforts during Tropical Storm Hilary and the subsequent storm over the holiday weekend.
Council Member Marker noted that National Preparedness Month was observed annually in September and spoke of the importance of preparing for disasters and emergencies. She expressed pride in how the City worked together during the recent storms to help the community, the hospital, and neighboring cities. She added that El Niño conditions were expected in the upcoming season, which could result in wetter than average conditions. She recommended residents get their roofs checked, their drains cleared, and have some sandbags stored. She also urged residents to be prepared for earthquakes and noted emergency preparedness information was available on the City’s website and at www.Ready.gov .
Council Member Weill provided an update on the Cotino project, which he called a transformative project in the history of the City. He reported that the block wall around the perimeter was approximately 40% complete. He noted construction of the gatehouse off Gerald Ford had commenced and the walls would be going vertical in the next few weeks. He reported that the age-qualified portion of the community would include a park area with a covered pavilion; the pavilion was in the early stages of construction. He noted that that sales studio off Gerald Ford
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was nearing completion and sales were projected to commence in late 2023. He reported that the lagoon, which would be a major feature of the project, was in the early stages of construction.
He noted the first single-family residential development was currently going through the planning and permitting processes. He reported that the recently approved design guidelines were being implemented, noting there was a varied selection of designs. He noted that very large sewer lines were being installed along Bob Hope and Vista Del Sol. Council Member Weill commented that dramatic changes would be visible starting next year, as the project was moving at breakneck speed. He added that the project was one of which the City would be extremely proud.
Mayor Pro Tem Downs highlighted FIND Food Bank, an organization dedicated to relieving hunger and the causes of hunger. He noted FIND Food Bank’s vision was to create a community free of hunger and food insecurity. He announced that September was Hunger Action Month, which brought awareness to the nationwide effort to raise awareness of food insecurity in the United States. He reported that food insecurity was spiking and, due to a 40-year record high inflation rate, the escalated cost of living was forcing some families to choose between housing, utilities, and a healthy meal. He explained that FIND Food Bank was asking the local community to come together to aid in serving the growing number of people facing hunger, noting the food bank helped feed 150,000 people each month. Mayor Pro Tem Downs encouraged City residents to consider taking action this month by volunteering, advocating, and/or donating to FIND Food Bank. He noted additional information was available at www.FINDFoodBank.org or by calling (760) 775-3663. He also thanked FIND Food Bank for the great work they did for the Coachella Valley.
CITY MANAGER COMMENTS
Isaiah Hagerman, City Manager, noted there was a commentor earlier who spoke of housing issues and he thanked the City’s housing staff for their efforts to find appropriate resources for that individual, even though the necessary resources were not ones provided at a City level.
He added that County Adult Protective Services reported that the individual refused their assistance. He again commended City staff for continuing to work to connect the individual with appropriate County resources.
Mr. Hagerman also noted that the Vista Del Sol roadway was currently under design, which required the City to work with numerous other agencies to ensure proper design. He reported the process would take some time, but staff expected the project to be out for bid around the start of 2024.
CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the following Consent Calendar items:
1. Waive Full Reading of All Ordinances Introduced or Adopted Pursuant to this Agenda.
2. Approve August 17, 2023 Regular Meeting Minutes.
3. Approve August 24, 2023 Special Meeting Minutes.
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4. Approve Rancho Mirage Energy Authority (RMEA) 2022 Power Content Label and Attestation.
5. Approve Contracts.
6. Approve Demands.
Public Comments
Brad Anderson, Rancho Mirage resident, commented that some discussion regarding Consent Calendar Item No. 4 would be beneficial for residents.
MOVED/SECONDED BY DOWNS/WEILL TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION CARRIED 5/0.
PUBLIC HEARINGS
7. Zoning Text Amendment Case No. ZTA23-0001 - Amendment to Rancho Mirage Municipal Code Chapter 5.12 Regulating Special Events:
A. Consider Approving the filing of a Notice of Exemption Pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15378 and Section 15061(b)(3).
B. Consider Approving Zoning Text Amendment Case No. ZTA23-0001 to Amend Municipal Code Chapter 5.12 Regulating Special Events.
C. Consider Approving and Introducing Ordinance No. (Next-in-Order), 1st Reading, Amending Chapter 5.12 Special Event Permits of Title 5 Business Taxes, Licenses and Regulations of the Rancho Mirage Municipal Code (to Better Regulate Special Events on Private Residential Property Within the City).
Majna Dukic, Director of Development Services, presented the staff report. She noted that staff was requesting a minor amendment, per the City Attorney’s recommendation, to Section
15.12.270, under letter F, with the section now reading, “Allowing any person to consume, sell, or be in possession of intoxicating liquor in, around, or near the place where the non-profit special event is held, except where such consumption or possession is expressly authorized under the laws of the state.”
Public Comments
Brad Anderson, Rancho Mirage resident, commented he was glad the City took a stance, but he did not think it was the right avenue to take because it allowed non-profits; asking why not just allow anybody. He spoke of special interests and relationships with City Council and City Officials. He also commented that denials would be appealed to the Planning Commission, but any actions like that should go to the City Council for a decision.
Mark Dubose, Rancho Mirage resident, noted he was in favor of changing the existing special event permit ordinance to no longer require permits for private events, which the proposed
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ordinance seemed to accomplish. He recommended permits be available to anyone, not just organizations that did not pay taxes. He commented that homeowners should be able to receive compensation, noting complaints had nothing to do with compensation. He questioned why the Council would take away current rights to compensation by existing homeowners while allowing Cotino homeowners to receive compensation for temporary short-term use. He added that existing tax-paying homeowners should have the same rights as those who had not yet moved to the City.
Mayor Pro Tem Downs explained how the City’s November 2022 election results indicated that the people of the City did not want short-term rentals in Rancho Mirage’s residential communities. He clarified that short-term rentals would not be allowed in the residential communities within the Cotino project. He added he would be voting in favor of the proposed ordinance.
Council Member Weill commented that the issue had to do with two things; preservation of the lifestyle of peace and quiet of a residential property and protection of the zoning ordinance.
He noted that, when people purchased a property in a R-1 residential zone, the idea was that it was for residential reasons. He commented that the ordinance was protecting zoning because of the obligation to people who bought their property under a certain condition of being for a residence as opposed to a commercial property. He noted he felt strongly about preserving the dignity, peace and quiet, and zoning of the area, and he supported the ordinance.
Council Member Marker commented that it was a delicate matter; a balance of homeowners’ rights and protecting the lifestyle of Rancho Mirage residents. She noted she supported homeowners’ rights to congregate and have gatherings in their homes in a respectful manner, but not to use them as a business or act as short-term rentals. She noted she was pleased with how thoughtfully the ordinance was written and that it would accomplish both of these things.
Isaiah Hagerman, City Manager, explained that the amendment on staff report page 7-22, made during staff’s presentation, was not intended to disallow alcohol consumption at a permitted event; the point was to ensure proper Alcoholic Beverage Control licenses and certifications were obtained.
MOVED/SECONDED BY WEILL/DOWNS TO:
A. APPROVE THE FILING OF A NOTICE OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15378 AND SECTION 15061(B)(3);
B. APPROVE ZONING TEXT AMENDMENT CASE NO. ZTA23-0001 TO AMEND MUNICIPAL CODE CHAPTER 5.12 REGULATING SPECIAL EVENTS; AND
C. APPROVE AND INTRODUCE ORDINANCE NO. 1210, 1ST READING, AMENDING CHAPTER 5.12 SPECIAL EVENT PERMITS OF TITLE 5 BUSINESS TAXES,
LICENSES AND REGULATIONS OF THE RANCHO MIRAGE MUNICIPAL CODE, INCLUDING REVISING SECTION 15.12.270 (F) TO READ AS FOLLOWS:
“ALLOWING ANY PERSON TO CONSUME, SELL, OR BE IN POSSESSION OF
INTOXICATING LIQUOR IN, AROUND, OR NEAR THE PLACE WHERE THE NON-
PROFIT SPECIAL EVENT IS HELD, EXCEPT WHERE SUCH CONSUMPTION OR POSSESSION IS EXPRESSLY AUTHORIZED UNDER THE LAWS OF THE STATE.”
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8. Consider Adopting Resolution No. 2023-(Next-in-Order), Designating the Pink Elephant Sign Located at 71490 Highway 111, Rancho Mirage, California (Assessor Parcel Number 684-181-011) a Historic Resource.
Ben Torres, Planning Manager, presented the staff report.
Public Comments
Brad Anderson, Rancho Mirage resident, spoke in favor of the historic resource designation for the landmark and inquired about maintenance of the sign.
Council Member Weill clarified that the historic designation involved the sign only, not the property itself. He added that the property would not have any restrictions due to the designation.
MOVED/SECONDED BY DOWNS/WEILL TO ADOPT RESOLUTION NO. 2023-40, DESIGNATING THE PINK ELEPHANT SIGN LOCATED AT 71490 HIGHWAY 111, RANCHO MIRAGE, CALIFORNIA (ASSESSOR PARCEL NUMBER 684-181-011) A HISTORIC RESOURCE. MOTION CARRIED 5/0.
ACTION CALENDAR
9. Community Facilities District No. 5 (Section 31 – Cotino):
A. Consider Adopting Resolution No. 2023-(Next-in-Order), Intention to Annex Territory to City of Rancho Mirage Community Facilities District No. 5 (Section 31) and Improvement Area No. 1 Therein, and to Make Boundary Adjustments Affecting Improvement Area No. 1 and Improvement Area No. 4.
B. Consider Adopting Resolution No. 2023-(Next-in-Order), to Change the Rate and Method of Apportionment of Improvement Area No. 1 of the City of Rancho Mirage Community Facilities District No. 5 (Section 31).
Kofi Antobam, Director of Administrative Services, presented the staff report.
Public Comments
Brad Anderson, Rancho Mirage resident, noted he thought it was the public hearing and he would obtain additional information in order to comment during the public hearing. He also recommended revising the agenda item titles.
MOVED/SECONDED BY WEILL/MALLOTTO TO:
A. ADOPT RESOLUTION NO. 2023-41, INTENTION TO ANNEX TERRITORY TO CITY OF RANCHO MIRAGE COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31) AND IMPROVEMENT AREA NO. 1 THEREIN, AND TO MAKE BOUNDARY ADJUSTMENTS AFFECTING IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 4; AND
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B. ADOPT RESOLUTION NO. 2023-42, TO CHANGE THE RATE AND METHOD OF APPORTIONMENT OF IMPROVEMENT AREA NO. 1 OF THE CITY OF RANCHO MIRAGE COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31).
MOTION CARRIED 5/0.
10. Consider Adopting Resolution No. 2023-(Next-in-Order), Declaring the City’s Intention to Annex Territory to Community Facilities District No. 1 and to Levy a Special Tax Therein for Additional Police and Fire Services, Preliminarily Approve a Map of the Area Proposed to be Annexed, and Schedule a Public Hearing to Consider the Annexation and the Levy of the Special Tax for Annexation No. 192 (In Connection with Tentative Tract Map No.
TTM36620 - Tesoro)
Jacob De La Cruz, Financial Analyst, presented the staff report.
Public Comments – None.
MOVED/SECONDED BY DOWNS/WEILL TO ADOPT RESOLUTION NO. 2023-43, DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 1 AND TO LEVY A SPECIAL TAX THEREIN FOR ADDITIONAL
POLICE AND FIRE SERVICES, PRELIMINARILY APPROVE A MAP OF THE AREA
PROPOSED TO BE ANNEXED, AND SCHEDULE A PUBLIC HEARING TO CONSIDER THE ANNEXATION AND THE LEVY OF THE SPECIAL TAX FOR ANNEXATION NO. 192 (IN CONNECTION WITH TENTATIVE TRACT MAP NO. TTM36620 - TESORO). MOTION CARRIED 5/0.
11. Consider Approving Implementation of a Multi Way Stop Control (MWSC) at Via Tuscany (McCallum Drive) and DaVall Drive.
Ryan Stendell, Director of Public Works, presented the staff report.
Isaiah Hagerman, City Manager, added that one big concern from the Tuscany neighborhood was lack of a safe way to walk to nearby schools from their community, even though it was in close proximity to the schools.
Public Comments
Nick Andros, Rancho Mirage resident, commented that everyone at the City he had been in contact with had been friendly and accommodating; he suggested they consider running the state or national government. He thanked Council Member Mallotto and the other Council Members for the help with the subject road improvements.
Brad Anderson, Rancho Mirage resident, spoke in favor of item approval and noted the importance of student safety.
Council Member Mallotto thanked Mr. Andros and his neighbor, Patsy, who brought this matter to her attention. She noted she brought the message to City Hall, and the Public Works Director
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and his team were terrific in addressing it. She also thanked the Sheriffs Department, as she relayed experiences of the neighborhood to them, and they put enforcement officers on it.
Mayor Pro Tem Downs thanked Mr. Andros for his vote of confidence for City Council and staff.
MOVED/SECONDED BY MALLOTTO/WEILL TO APPROVE THE IMPLEMENTATION OF A
MULTI WAY STOP CONTROL (MWSC) AT VIA TUSCANY (MCCALLUM DRIVE) AND DAVALL DRIVE. MOTION CARRIED 5/0.
12. Reassess Local State of Emergency Proclaimed for Tropical Storm Hilary on August 20, 2023.
Isaiah Hagerman, City Manager, presented the staff report, recommending that, if the Council desired, they could end the proclamation.
Public Comments
Brad Anderson, Rancho Mirage resident, spoke in opposition to extending the proclamation, noting the City had resources to deal with the emergency.
MOVED/SECONDED BY DOWNS/WEILL TO TERMINATE THE LOCAL STATE OF EMERGENCY FOR TROPICAL STORM HILARY. 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)
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1).
Case Name: HOMETOWN COLONY, LLC, DBA THE COLONY MOBILEHOME PARK v.
CITY OF RANCHO MIRAGE et al.
Case No.: 5:20-cv-02259 (United States District Court, Central District of California)
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5. 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.
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8.
Property Location: APN 684-150-011
Negotiation(s): City Manager Isaiah Hagerman.
Negotiating Parties: Porcupine Properties
Under Negotiation: Price and terms of payment.
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, Hometown Colony DBA the Colony Mobilehome Park v. City of Rancho Mirage, one unspecified case, and one conference with real property negotiators regarding a property identified as APN 684-150-011, with negotiating parties being Porcupine Properties and City of Rancho Mirage, regarding price and terms of payment.
Public Comments
Brad Anderson, Rancho Mirage resident, commented that it was irrational to litigate the cases associated with Closed Session Item Nos. 1 and 2, as these were citizens of the City. Regarding Item No. 3, he commented it was a unique issue, noting his own issues with City Council supporting people next to him. He commented that he thought the City Manager had a direct influence on the case and it was wrong for City staff or Council Members to impede their will on City residents. Regarding Item No. 6, he noted the property was in Whitewater Park and inquired if the City was negotiating to sell City-owned property.
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 2:41 P.M.
RECONVENE OPEN SESSION
Mayor Kite reconvened the meeting at 3:36 P.M.
CLOSED SESSION ANNOUNCEMENTS
Steve Quintanilla, City Attorney, reported there was no reportable action taken during closed session.
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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 3:37 P.M.
Date Approved by City Council:
_______________________________
Kristie Ramos, City Clerk
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