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Minutes

Rancho Mirage City Council
November 16, 2023

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Minutes
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November 16, 2023
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ry CITY OF RANCHO MIRAGE

CITY COUNCIL,

LIBRARY AND OBSERVATORY BOARD,

HOUSING AUTHORITY BOARD,

AND THE CITY COUNCIL REPRESENTING

THE REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING
THURSDAY, NOVEMBER 16, 2023
Meeting Location:

City of Rancho Mirage
City Hall -Counc il C hamber
69-825 Highway 111
Rancho Mirage , CA 92270
CALL TO ORDER-1 :01 P.M.
a) Flag Sa lute -Led by Mayor Kite.
1 :00 P.M.

MINUTES
b) Roll Call : Mallotto, Marker, Weill, Downs, Kite -All present.

Mayor Kite recognized and thanked Charles Townsend, Geri Downs, Jenny Weill, Todd Marker, and his wife Becky Kite, who were in the audience .

NON-AGENDA PUBLIC COMMENTS
Wally Melendez, member of the public, spoke regarding climate change and the need for hydrogen chargers.

RECOGNITION OF MAYOR RICHARD W. KITE'S 23 YEARS OF SERVICE ON THE RANCHO

MIRAGE CITY COUNCIL
Mayor Pro Tern Downs recognized Mayor Kite's 23 years of service on the Rancho Mirage City Council, which was the longest tenure of any Rancho Mirage Council Member, and included six terms as Mayor. He noted many of Mayor Kite's achievements while serving on the City Council and presented a video highlighting his time on the Council. 11/16/202 3 Regu lar City Council Meeting Minutes Page 1 of 9

j
Mayor Pro Tern Downs presented Mayor Kite with two plaques; one honoring his 23 years of service and one honoring his recent term as Mayor. He then invited the entire Council to step down from the dais to take a group photo .

Council Member Weill recounted his first meeting with Mayor Kite ; his friend Alan Seman introduced them, and he helped campaign for Mayor Kite at the time. He thanked Mayor Kite for his friendship and participation on the Council over the past 23 years.

Council Member Marker commented that it was an honor to work alongside Mayor Kite over the past year and wished Mayor Kite and his family all the best.

Council Member Mallotto noted that she was appointed to the Speakers Series Commission by Mayor Kite. She also mentioned how much the members of the League of California Cities adored him . She praised the Mayor for always having good intentions, being available as a mentor, and for his legacy with the City. She thanked Mayor Kite, his wife Becky, and their family for all that they had done for the City of Rancho Mirage.

Isaiah Hagerman, City Manager, commented that he had the pleasure of working with Mayor Kite for the past 11 years. He noted that the word gentleman was regularly used to describe the Mayor.

He commented on all the Mayor had done to contribute to the quality of life in Rancho Mirage and on the Mayor's expertise relating to budgets. He also mentioned Mayor Kite's engagement with the community and his willingness to assist with any type of issues. Mr. Hagerman noted that Mayor Kite was known for always treating City employees with respect. He expressed his gratitude for all he had learned from Mayor Kite while working with him over the years.

Colin Kirkpatrick , City Attorney, recognized Mayor Kite on behalf of the Law Offices of Quintanilla & Associates. He expressed gratitude for the experience of working with such a strong and positive City Council, that truly looked out for the people . He added that Mayor Kite was the ideal public servant and an e xample for others to follow.

Public Comments
Marilyn Bauer, Rancho Mirage resident, commented that she had known Mayor Kite for 20 years , noting personal experiences with the Mayor, such as attending numerous Chamber of Commerce events . She read a copy of a letter she had written to Mayor Kite , calling him a Mayor of the People.

The meeting was recessed for a break at 1 :32 P.M ., and reconvened at 1 :34 P.M., with Council Member Mallotto absent.

Cindy Burreson , Children's Discovery Museum of the Desert (CDMOD) Executive Director, thanked Mayor Kite's for his service on the CDMOD Board and his guidance over the years. On behalf of the CDMOD Board and staff, she expressed gratitude for Mayor Kite and announced that the museum's trike track would be renamed in his honor.

Katie Stice, Rancho Mirage Chamber of Commerce President/CEO , described Mayor Kite as a true leader and thanked him for his continuous support of the community.

Council Member Mallotto returned to the dais at 1 :36 P .M. (during Katie Stice's comments). 11/16/2023 Regul ar City Coun cil M eetin g Minutes Pa ge 2 of 9

David Tsikman, representing Chabad of Rancho Mirage, expressed appreciation to Mayor Kite on behalf of the Jewish community and gifted him a Hannukah book.

Marcus Aleman, on behalf of Rancho Mirage Employee Association, thanked Mayor Kite for his support of City employees and his services to Rancho Mirage . He recalled that Mayor Kite sent birthday cards to every City employee and regularly checked in with staff to see how things were going.

Amir Afsar, Real Estate Litigation Attorney and CDMOD Executive Committee Member, recalled his experience working with Mayor Kite on the museum board . He expressed gratitude for the Mayor's mentorship. He also praised the Mayor's efforts to keep the museum operating in the face of multiple layoffs during the COVID-19 pandemic, and the potential that it may not have reopened .

Randy Bynder, forme r Rancho Mirage City Manager, shared words of appreciation to Mayor Kite, on behalf of his wife and himself. He noted he worked with Mayor Kite for 20 years, describing him as a man of integrity, compassion, and always having the people's best interest in mind .

Patrick Pratt, former Rancho Mirage City Manager, congratulated the City on its 50th anniversary.

He recalled being present at the beginning of Mayor Kite's service on the City Council and witnessing the remarkable development of the City and the Coachella Valley . Mr. Pratt congratulated Mayor Kite on his 23 years of service. He expressed admiration for Mayor Kite's character and noted some of the Mayor's many accomplishments.

Jack Newby, The Joslyn Center Executive Director, expressed gratitude to Mayor Kite, on behalf of the center, for his support of the center's projects and improvements. He read a brief note of gratitude and gifted the Mayor with an inscribed clock.

Charles Townsend, Rancho Mirage resident and former Rancho Mirage Council Member, commented on his time serving alongside Mayor Kite. On behalf of himself and his late husband and former Council Member, Gordon Moller, he expressed gratitude to the Mayor Kite for all of his help and support during their collaborative efforts .

Mayor Kite expressed appreciation for Mr. Townsend and his service on the City Council.

David Grey, Rancho Mirage resident and Rancho Mirage Planning Commissioner, praised Mayor Kite for helping to make the City of Rancho Mirage one of the greatest places to live . He added that, regardless of where one resided within the City, it was safe, clean , and beautiful.

Katie Barrows, former Coachella Valley Association of Governments (CVAG) Director, commended Mayor Kite for his integrity and demeanor when collaborating with CVAG. She thanked him, on behalf of all local communities , for protecting various species and natural open spaces.

Becky Kite , Rancho Mirage resident and Mayor Kite's spouse, thanked CVAG's Katie Barrows for a gift recently given to Mayor Kite. She expressed gratitude to everyone who was present to support her husband . She shared it was a very difficult day for their family , adding that she had known her husband for 45 years . She offered personal anecdotes about Mayor Kite and his volunteer work for residents outside of regular office hours. She commented that her husband was the kindest person she had ever met, and he was the one who initiated the practice of sending birthday cards to every City employee. She acknowledged Mayor Kite's love for all Rancho Mirage employees, sharing his personal email address and phone number, and noting he would still be available to everyone. 11/16/2023 Regular City Council Meeting Minutes Pag e 3 of 9

7 Mayor Kite made his farewell comments, noting it had been a great 23 years . He commented that he had worked with three different city managers, all of whom were present. He thanked City Manager Isaiah Hagerman, City Attorney Steve Quintanilla, and City staff for making the City of Rancho Mirage the best in class. He shared that the City had always been his number one passion, and his last day was a difficult process. Lastly, he thanked his wife Becky for her continued love and support.

APPOINTMENT OF MAYOR AND MAYOR PRO TEM -Determination of Length of Service and Appointment of Mayor and Mayor Pro Tern
Kristie Ramos, City Clerk, presented the staff report.

Public Comments -None .

MOVED/SECONDED BY MALLOTTO/MARKER TO APPOINT STEVE DOWNS TO SERVE AS MAYOR AND TED WEILL TO SERVE AS MAYOR PRO TEM. MOTION CARRIED 5/0.

Ms . Ramos administered the Oath of Allegiance to Mayor Downs and Mayor Pro Tern Weill.

Mayor Pro Tern Weill noted it was his third time serving as Mayor Pro Tern and it was always a privilege. He commented on his objective to uphold the City's standard of excellence.

Mayor Downs spoke of his involvement as president of his community HOA during the shutdown of its golf course, including negotiating a settlement and working with the City. He noted he then joined the City's Planning Commission in 2019, and reflected on whether he would have become a member of the City Council had his community golf course not closed. He encouraged the public to think about problem solving and serve their communities when able. Lastly, he shared a quote by Muhammad Ali.

COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Mayor Pro Tern Weill congratulated and thanked staff, the marketing department, and Desert Theatricals for the inaugural Veterans Day event recently held . He expressed gratitude for the opportunity to participate, praised the outstanding performance, and presented a slideshow highl ighting the event.

Council Member Marker congratulated Mayor Downs on being appointed Mayor.

CITY MANAGER COMMENTS
Isaiah Hagerman, City Manager, held a moment of silence in honor of Kyle Gherardi, Rancho Mirage Code Compliance Office II , who recently passed away.

CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the following Consent Calendar Items, and noted that Item No. 4 would be continued to the next regular City Council meeting . 11/16/2023 Regular City Council Meeting Minutes Page 4 of 9 ---------------------------'

Colin Kirkpatrick, City Attorney, announced that Council Member Mallotto would recuse herself from Consent Calendar Item Nos. 6 and 7, since she lived in the Del Webb Rancho Mirage community.

He noted that, since Council Member Mallotto's potential conflict was based on the location of her primary residence she had the option to join members of the public and to comment on the issue as a private citizen. He added that, since the item was on the Consent Calendar, she did not have to leave the dais during the vote .

1. 2.

3. 4.

5. 6.

7. 8.

9. Waive Full Reading of All Ordinances Introduced or Adopted Pursuant to this Agenda.

Adopt Ordinance No. 1214, 2nd Reading, Repealing and Replacing Chapter 9.30 ("Use of Library and Observatory") of Division Ill ("Offenses Against Public Peace") of Title 9 ("Public Peace, Morals and Welfare") of the Rancho Mirage Municipal Code Regarding the Public's Use of the Rancho Mirage Library and Observatory.

Adopt Resolution No. 2023-(Next-in-Order), Approving the Disposition of Three Separate Parcels Approximately 25 Acres in Total, of a Larger 53.76 Acres within a Single Parcel Identified as Accessory Parcel Number 685-090-111, upon Compliance with Surplus Land Act, and Finding that such Declaration is Exempt from Environmental Review Under the California Environmental Quality Act.

Approve November 2, 2023, Regular Meeting Minutes.

Approve Appointment of Mitch Brown to the Rancho Mirage Community Emergency Preparedness Commission.

Approve Final Acceptance of Improvements for Tract Map No. 36809-2 (Pulte -Del Webb Rancho Mirage).

Approve Final Acceptance of Improvements for Tract Map No. 36809-3 (Pulte -Del Webb Rancho Mirage).

Approve Contracts.

Approve Demands.

Public Comments -None.

MOVED/SECONDED BY WEILUMARKER TO APPROVE CONSENT CALENDAR ITEM NOS. 1, 2, 3, 5, 8, AND 9, AS PRESENTED. MOTION CARRIED 5/0.

MOVED/SECONDED BY WEILUMARKER TO APPROVE CONSENT CALENDAR ITEM NOS. 6 AND 7, AS PRESENTED. MOTION CARRIED 4/0 (MALLOTTO RECUSED).

PUBLIC HEARINGS

10. Environmental Assessment Case No . EA23-0005 and Preliminary Development Plan Case No. PDP23-0001 -Catino Clubhouse Campus and Parr House. Applicant: DMB Development LLC on behalf of ECRM Residential. Consideration to construct the Clubhouse Campus and "Parr House" on approximately 8.3 acres within the Section 31 Specific Plan area, 11/16/2023 Regular City Council Meeting Minutes Page 5 of 9

1 ----~;~~--~nown as the Catino development. The Clubhouse Campus serves as an amenity for club members and consists of 8 single-story buildings totaling 18,600 square feet of interior space: the lobby, restaurant, beach bar, studio/locker rooms, fitness center, creativity center, water sports rental center, and pool equipment storage. The project also proposes site 7 amenities, such as two bocce ball courts, two tennis courts, six pickleball courts, a lap pool, spas , event lawn areas, and areas for overflow parking and future expansion of sports courts. The Parr House is a 5,577 square-foot two-story residence with a 552 square-foot detached garage intended as an additional amenity for club members and their families and guests. The Parr House will be located on a 25 ,690 square-foot lot adjacent to the Clubhouse Campus. The subject property is in the northeastern quadrant of the Section 31 Specific Plan area , at the intersection of Prismatic Boulevard and Brilliance Avenue (Tract Map No. 38291, Lots 176 (portion), 179-183, 184 (portion); APNs: 685-220-039, 685-220-016):

A Consider Finding Preliminary Development Plan Case No. PDP23-0001 to be Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations).

B. Consider Approving Preliminary Development Plan Case No . PDP23-0001 , 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 Testimony
Julio Flores, member of Western States Regional Council of Carpenters (WSRCC), congratulated Mayor Downs and Mayor Pro Tern Weill , and expressed gratitude to Council Member Kite for his service. He explained that the project's environmental effects would have a significant influence on WSRCC and asked the City to require local contractors.

MOVED/SECONDED BY WEILUMALLOTTO TO:

A. FIND PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0001 TO BE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15 162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS); AND
B. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0001, S UBJECT TO

THE CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.

MOTION CARRIED 5/0.

11. Environmental Assessment Case No . EA23-0008 and Preliminary Development Plan Case No . PDP23 -0003 -North Restaurant and Town Center Phase 1 Master Infrastructure of Section 31 (Catino). Applicant: DMB Development LLC on behalf of ECRM Residential. Consideration to construct a two-story 13,050 square foot restaurant and the Town Center Phase 1 Master Infrastructure of Section 31 (Catino), which includes the development of streets , parking, landscape, and related infrastructure to support the first phase of the development within the Section 31 (Catino) Town Center. Th e subject property is located approximately 7 40 feet south from th e intersection of Monterey Avenue and Gerald Ford Drive, on the west side of Monterey Avenue within Section 31 (Catino); Lots 184 and 185 of Tract Map 38291 and APN : 685-220-033 :
11/16/2023 Reg ul ar City Coun cil M eeting Minutes Page 6 of 9

A. Consider Finding Preliminary Development Plan Case No . PDP23-0003 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations).

8. Consider Approving Preliminary Development Plan Case No. PDP23-0003, subject to the conditions of approval and based on the content and findings in the staff report.

Pilar Lopez, Senior Planner, presented the staff report.

Public Testimony-None .

MOVED/SECONDED BY MALLOTTO/WEILL TO:

A. FINO PRELIMINARY DEVELOPMENT PLAN CASE NO. POP23-0003 TO BE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15162 (SUBSEQUENT EIRS ANO NEGATIVE DECLARATIONS); ANO,
B. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. POP23-0003, SUBJECT

TO THE CONDITIONS OF APPROVAL ANO BASED ON THE CONTENT ANO FINDINGS IN THE STAFF REPORT.

MOTION CARRIED 5/0.

12. Environmental Assessment Case No . EA22-0016 and Preliminary Development Plan Case No. PDP22 -0003 -Nova Lane 9-Lot Residential Development. Applicant:

Jacqueline Park on behalf of 33329 Josefina, LLC. Consideration to construct nine (9) single-family residences with Accessory Dwelling Units (ADUs) within a private cul-de­ sac street, Nova Lane. The project consists of three plan types that range in size from 4,500 to 4,900 square feet. The subject property is located within Tract No. 33329, on the east side of Via Josefina; APNs : 685-420-001 through -009:

A. Consider Finding Preliminary Development Plan Case No . PDP22-0003 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162 and 15061 (b)(3) and determining that the previously adopted Negative Declaration based on Environmental Assessment Case No . EA050030 is still valid for the proposed project.

8. Consider Approving Preliminary Development Plan Case No. PDP22 -0003. subject to the conditions of approval and based on the content and findings in the staff report .

Pilar Lopez , Senior Planner, presented the staff report.

Council Member Mallotto left the meeting at 2:43 P .M.

Public Testimony -None.
11/16/2023 Reg ular City Council M eet ing Minutes Page 7 of 9 -----'

MOVED/SECONDED BY WEILUMARKER TO:

A. FIND PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0003 TO BE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND DETERMINE THAT THE PREVIOUSLY

ADOPTED NEGATIVE DECLARATION BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA050030 IS STILL VALID FOR THE PROPOSED PROJECT; AND B. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0003, SUBJECT TO

THE CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.

MOTION CARRIED 4/0 (MALLOTTO ABSENT).

ACTION CALENDAR

13. Consider Subcommittee Recommendation for Filling the City Council Vacancy Created by the Resignation of Mayor Richard W . Kite.

Kristie Ramos, City Clerk, presented the staff report.

Council Member Marker asked for an explanation of the process for calling a special election, when the person elected would be seated if one was held, and what the cost would be.

Ms. Ramos explained that, if the Council decided to call a special election, it would need to be called within a week, and be held in April of 2024. She noted the candidate elected would be sworn into office in May of 2024. She added that the County estimated the cost of a special election would be approximately $114,000.

Mayor Downs asked when candidates were able to pull papers to run for City Council in the November 2024 general municipal election.

Ms. Ramos responded that the nomination period for the November 2024 election would open in mid­ July of 2024.

Public Comments
Wayne Avrashow, member of the public, commended Council Member Kite for his service on the City Council. He urged the Council to appoint someone to the position who would not run for City Council in the next general election.

Brad Anderson, Rancho Mirage resident, spoke in favor of holding a special election to fill the position .

Mayor Pro Tern Weill voiced support for appointing someone to the vacancy .

Mayor Downs noted that the Council was not authorized to impose restrictions on applicants.

Council Member Marker expressed support for appointing someone to fill the vacancy. 11/16/2023 Regular City Council Meeting Minutes Page 8 of 9

MOVED/SECONDED BY WEILUMARKER TO:

A. ELECT TO APPOINT A QUALIFIED RANCHO MIRAGE RESIDENT TO FILL THE VACANCY CREATED BY COUNCIL MEMBER RICHARD W. KITE'S RESIGNATION FOR THE REMAINDER OF HIS UNEXPIRED TERM;
B. APPROVE THE ATTACHED CITY COUNCIL APPOINTMENT APPLICATION FORM; C. REQUIRE THAT A COMPLETE APPLICATION MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE ON OR BEFORE 5:00 P .M. ON NOVEMBER 30, 2023, IN ORDER TO BE CONSIDERED BY THE CITY COUNCIL; AND
D. SCHEDULE INTERVIEWS FOR DECEMBER 5, 2023, IN THE CONTEXT OF A CITY

COUNCIL SPECIAL MEETING DULY CALLED BY THE MAYOR, AND INCLUDE THE

VACANCY ITEM ON FUTURE CITY COUNCIL MEETING AGENDAS UNTIL THE VACANCY IS FILLED.

MOTION CARRIED 4/0 (MALLOTTO ABSENT).

ADJOURNMENT
Mayor Downs noted that Council Member Kite had cast approximately 4,000 to 5,000 votes during his term on the City Council and called for a salute to Council Member Kite.

Council Member Kite invited the audience to attend a reception in the lobby following the meeting.

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 3:04 P.M.

Date ~pproved by City Council: 12/07/2023 ~n ~
Kristie Ramos, City Clerk
11/16/2023 Regu lar City Council M eeting Minutes Page 9 of 9

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