DRAFT 10/05/2023 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, OCTOBER 5, 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 – 1:02 P.M.
a) Flag Salute – Led by Council Member Marker.
b)Roll Call: Mallotto, Marker, Weill, Downs, Kite.
Present: Mallotto, Marker, Weill, Kite.
Absent: Downs.
MOVED/SECONDED BY WEILL/MALLOTTO TO EXCUSE MAYOR PRO TEM DOWNS’ ABSENCE. MOTION CARRIED 4/0.
PRESENTATIONS
Presentation of Rancho Super Car Wash Pink Elephant Poster by Preservation Mirage.
Dan Allen, Preservation Mirage President, presented the City with a framed copy of a recently commissioned artwork of the pink elephant sign. He also announced a celebration of the artwork and the historic designation would be held on October 20th at Tamarisk Country Club. 4-1
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NON-AGENDA PUBLIC COMMENTS
David Kowalzak, Rancho Mirage Chamber of Commerce Board Member and Vice President of Human Resources at Eisenhower Health, provided updates on both the Chamber and Eisenhower Health.
Shane Massoud introduced himself as the new Government Relations Manager at Southern California Edison.
Trish McFarlane, Rancho Mirage resident, requested the City Council add an item to the next City Council meeting agenda regarding a no mask and no vaccine mandate, mentioning individual liberties.
Wally Melendez, member of the public, spoke regarding a need for higher education, specifically a Rancho Mirage university, rent-to-own apartments, and hydrogen chargers.
Brad Anderson, Rancho Mirage resident, spoke of comments made by Mayor Pro Tem Downs at a recent meeting regarding other candidates who ran for City Council and lawsuits against the City. He commented that City resources being used in negative ways led to the City being sued by its residents. He also rescinded his support of the recently approved stop sign and crosswalk on DaVall.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Council Member Marker provided a recap of the Truck Petting Zoo event recently held at the Rancho Mirage Library and Observatory. She thanked the event sponsor, Grace Helen Spearman Charitable Foundation, and library staff for their part in making the event a success.
Council Member Weill acknowledged the contributions of Veterans to our society and recognized Veterans in attendance. He reported that, as part of the City’s 50th anniversary, the City Council would inaugurate a special Veterans Day celebration to honor the selfless service of Rancho Mirage Veterans. He announced that the inaugural celebration would be held on November 9th at the Rancho Mirage Amphitheater and additional details were available on the Desert Theatricals website as well as the City’s website. Council Member Weill added that VIP seating would be available for Veterans; those interested should contact Hayley Tice at Rancho Mirage City Hall.
Mayor Kite reported that the Rancho Mirage High School Rattlers football team recently beat Palm Springs High School 26-20. He also announced that a former Rattlers player, Daniel Whelan, had made it all the way to the NFL, as a punter for the Green Bay Packers, and presented a video highlighting Daniel’s journey. Mayor Kite invited the community to attend the Rattlers’ upcoming game against Shadow Hills.
Council Member Weill noted that Daniel’s mom worked at the Ritz-Carlton Rancho Mirage for many years; his family had long been involved with the City.
CITY MANAGER COMMENTS - None.
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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. Adopt Ordinance No. 1210, 2nd 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).
3. Approve September 7, 2023 Regular Meeting Minutes.
4. Approve Appointment of Stephen Moses to the Mobilehome Fair Practices Commission.
5. Approve Special Assistance Fund (SAF) Awards.
6. Approve Contracts.
7. Approve Demands.
Public Comments – None.
Colin Kirkpatrick, Assistant City Attorney, reported that the City Attorney advised Council Member Marker to recuse herself from Agenda Item No. 5, due to a potential conflict of interest, as her business had provided services to the rescue mission in the last 12 months. He added that, since this was a consent calendar item, Council Member Marker could remain at the dais.
MOVED/SECONDED BY WEILL/MALLOTTO TO APPROVE CONSENT CALENDAR ITEM NOS. 1, 2, 3, 4, 6, AND 7, AS PRESENTED. MOTION CARRIED 4/0.
MOVED/SECONDED BY WEILL/MALLOTTO TO APPROVE CONSENT CALENDAR ITEM NO. 5 AS PRESENTED. MOTION CARRIED 3/0 (MARKER RECUSED).
Council Member Mallotto congratulated Stephen Moses on his appointment to the Mobilehome Fair Practices commission, highlighted his extensive background, and invited him to speak.
Stephen Moses thanked Council Member Mallotto for nominating him to serve on the City’s Mobilehome Fair Practices Commission and thanked the City Council for appointing him to the commission.
PUBLIC HEARINGS
8. Environmental Assessment Case No. EA22-0014, Tentative Parcel Map Case No.
TPM23-0001 (TPM38692), Development Agreement Case No. DA22-0002, and Preliminary Development Plan Case No. PDP22-0002 – Eisenhower MCA – Applicant:
John Greenwood, Prest Vuksic Greenwood Architects - Consideration to Construct Three Single Story Buildings on 4.31 acres. The One-Story Buildings Will Consist of 19,890 Square Feet for a Memory Care Center, 17,116 square feet for Childcare Center, 37,724 Square Feet for an Administration Office, 136 Parking Spaces and Various Onsite
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Improvements. A Tentative Parcel Map (TPM38692) for Condominium Purposes and Development Agreement, Which Includes but is not Limited to, Establishing Shared Parking at the Eisenhower Medical Center (39000 Bob Hope Drive) are also Proposed.
The Project Site is Located at Southeast Corner from the Intersection of Country Club Drive and Wilshire Palm Drive (APN: 682-010-021):
A. Consider Finding the Proposed Project Categorically Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15332 (In Fill Development Projects) and Approve the Filing of a Notice of Exemption Based on Environmental Assessment Case No. EA22-0014.
B. Consider Approving and Introducing Ordinance No. (Next-in-Order), 1st Reading, Approving Statutory Development Agreement (DA22-0002) with Eisenhower Medical Center, Regarding Eisenhower Proposed Project at APN: 682-010-021.
C. Consider Adopting Resolution No. 2023-(Next-in-Order), Approving Tentative Parcel Map (TPM23-0001) and Preliminary Development Plan (PDP22-0002) for Eisenhower Medical Center Proposed Project.
Colin Kirkpatrick, Assistant City Attorney, reported that the City Attorney advised Council Member Marker to recuse herself from Agenda Item No. 8, as her business had provided services to Eisenhower in the last 12 months. He added that, since this was not a consent calendar item, Council Member Marker should leave the dais until after a vote was taken on the item.
Council Member Marker left the Council Chamber.
Ben Torres, Planning Manager, presented the staff report.
Public Testimony
Omar Cobian, Southwest Carpenters Union representative, commented on the future of youth in the area and the school/job options available to them. He commented that Eisenhower may be a top-ranked hospital, but unfortunately, they did not hire contractors who use a state- approved apprenticeship.
Wayne Avrashow, pending Rancho Mirage resident, commented that memory care and childcare centers were terrific uses. He noted that development agreements provide an opportunity for the City to extract some benefits for its residents; hiring youth, hiring local, and hiring a percentage for union, were potential benefits. He noted that the City Council did not respond to residents who spoke at Council meetings. He asked what benefits the City received with the subject development agreement and requested a response from the City Council. He added that the City should negotiate in good faith with the applicant to derive something of benefit to the residents and the silence of Council was not conducive to a good relationship with the residents. He urged the City Council to make deals with applicants that put local youth and others in the community to work.
Council Member Weill commented that the additional buildings would contribute greatly to the benefit of City residents; memory care and childcare facilities were great additions. He added that Eisenhower Health was the single largest employer in Rancho Mirage; they did an exceptional job and the City Council was proud to have them in the City. 4-4
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Council Member Mallotto congratulated Eisenhower on the addition of the memory care and childcare buildings, both of which were significant in importance and contribution. She commented on her time working in healthcare and noted how a childcare facility would provide significant relief for parents working at Eisenhower. She also commented on how beneficial the memory care facility would be, especially as many people were assisting their aging parents.
She thanked Eisenhower staff in attendance for the addition of these services.
Mayor Kite noted he attended the Planning Commission meeting regarding the subject project and was impressed with the details presented. He commented that the project would continue to provide benefits to the City and valley.
MOVED/SECONDED BY WEILL/MALLOTTO TO:
A. FIND THE PROPOSED PROJECT CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15332 (IN FILL DEVELOPMENT PROJECTS) AND APPROVE THE FILING OF A NOTICE OF EXEMPTION BASED ON ENVIRONMENTAL ASSESSMENT CASE NO.
EA22-0014;
B. APPROVE AND INTRODUCE ORDINANCE NO. 1211, 1ST READING, APPROVING STATUTORY DEVELOPMENT AGREEMENT (DA22-0002) WITH EISENHOWER MEDICAL CENTER, REGARDING EISENHOWER PROPOSED PROJECT AT APN:
682-010-021; AND
C. ADOPT RESOLUTION NO. 2023-44, APPROVING TENTATIVE PARCEL MAP (TPM23-0001) AND PRELIMINARY DEVELOPMENT PLAN (PDP22-0002) FOR EISENHOWER MEDICAL CENTER PROPOSED PROJECT.
MOTION CARRIED 3/0 (MARKER RECUSED).
Council Member Marker returned to the Council Chamber.
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 REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8.
Property: APN 684-150-011
Negotiation(s): Isaiah Hagerman, City Manager
Negotiating Parties: Porcupine Properties
Under Negotiation: Price and terms of payment
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3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8.
Property: APN 689-180-012
Negotiation(s): Isaiah Hagerman, City Manager/Executive Director Negotiating Parties: Rancho Mirage Housing Authority & Blieu Companies Under Negotiation: Price and terms of payment
Colin Kirkpatrick, Assistant 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, to confer 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, and to confer with real property negotiators regarding a property identified as APN 689-180-012, with negotiating parties being Rancho Mirage Housing Authority and Blieu Companies, regarding price and terms of payment.
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 2:01 P.M.
RECONVENE OPEN SESSION
Mayor Kite reconvened the meeting at 2:45 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 2:46 P.M.
Date Approved by City Council:
_______________________________
Kristie Ramos, City Clerk
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