DRAFT 09/19/2024 Regular City Council Meeting Minutes Page 1 of 7
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, SEPTEMBER 19, 2024
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 – 1:01 P.M.
a)Flag Salute – Led by Council Member O’Keefe.
b)Roll Call: Mallotto, Marker, O’Keefe, Weill, Downs – All Present.
PRESENTATIONS
The Joslyn Center Update.
Council Member O’Keefe welcomed Dr. Jay Seller, Executive Director of The Joslyn Center, and introduced a brief film highlighting the organization’s work. He expressed appreciation for The Joslyn Center’s valuable contributions to the community, emphasizing its status as the official senior center for the City of Rancho Mirage. He conveyed his gratitude for the opportunity to serve on The Joslyn Center’s Executive Search Committee and praised Dr. Seller for his contributions to the organization.
Dr. Seller expressed his gratitude to City staff and Council Member O’Keefe for their efforts in producing three (3) promotional videos for The Joslyn Center. He highlighted the Center’s membership in the Cove Community Association. He mentioned that the Center was founded in 1981 and offered a diverse range of services and programs to the 50+ community, attracting approximately 5,500 visitors annually. He emphasized the growing senior population and the Center’s commitment 1-1
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to meeting their needs. He announced the addition of three (3) new outdoor pickleball courts and detailed the Center’s ongoing programs. Dr. Seller discussed The Joslyn Center’s Wellness Center, which provided numerous classes and one-on-one counseling sessions in English and Spanish. He emphasized the Center’s commitment to providing support for a wide range of personal challenges.
He noted that the Meals on Wheels program delivered up to 65 meals daily to those in need. Dr. Seller noted other programs within The Joslyn Center that addressed food insecurity as well as the Center’s status as the largest senior center in the Coachella Valley. He encouraged everyone to visit the center, highlighting the affordable annual membership fee of $30.
Mayor Pro Tem Weill shared that he had friends who were frequent visitors to The Joslyn Center and spoke highly of the programs and services offered. He commended The Joslyn Center and the Rancho Mirage Library & Observatory for their dedication to the senior community and thanked Dr. Seller for his informative presentation.
NON-AGENDA PUBLIC COMMENTS
Susan Ragsdale, member of the public, spoke regarding a lawsuit and presented relevant material.
Francis Miller, Rancho Mirage resident, praised Dr. Jay Seller, Executive Director of The Joslyn Center, for the outstanding programs the senior center offered. She expressed concern about the lack of a pedestrian walkway to Wolfson Park and stressed the need for a bridge on Frank Sinatra. She also commented on the poor cellular reception in the area.
Mayor Downs responded to Ms. Miller’s concerns, mentioning that Ryan Stendell, Assistant City Manager, would address the bridge subject directly. He also asked Council Member O’Keefe to provide insight regarding plans related to cellular reception.
Council Member O'Keefe acknowledged issues with cell phone reception and outlined the City’s development of a wireless master plan to improve cell phone service in Rancho Mirage. He noted that the wireless study was expected to be completed by December. He added that he would provide an update on the wash on Frank Sinatra Drive at the next City Council meeting.
David Scott, CEO/Owner of Decorators Depot & David E. Scott Design Builders, thanked Council Member Marker for the opportunity to discuss the establishment of a Design District in Rancho Mirage.
He emphasized the potential positive economic impact such a district could have on the City. Mr. Scott also advocated for the City to conduct an Economic Impact Study to identify a suitable location within Rancho Mirage for a Design District. He submitted related material to the City Council.
Brad Anderson, Rancho Mirage resident, commented that he had been unaware of the Assistant City Manager position. He voiced concerns regarding the recently approved resolution for background checks for commissioners and volunteers, the use of City funds for meals served at City meetings, and comments about the Coachella Valley Water District (CVWD) during the previous City Council meeting.
Mark Curran, Rancho Mirage resident, spoke in favor of establishing a dedicated economic development position.
Gregory Goodman, Rancho Mirage resident, voiced support for the proposed economic development position in the City.
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COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Council Member Marker announced her attendance at the Foxy’s Kitchen + Bar grand opening, recognizing the Rancho Mirage Chamber of Commerce for hosting the ribbon-cutting ceremony.
She expressed gratitude to owners Tim and Teri Fox and warmly welcomed the new restaurant to the Rancho Mirage community.
Mayor Pro Tem Weill expressed appreciation for first responders and noted his fondness for the “Coffee With a Cop” events. He discussed the upcoming “National Night Out” event, which would be held at the Rancho Mirage Community Park on October 1st. He encouraged the community to attend and shared a list of local law enforcement agencies that would be present, along with details about activities and food options.
CITY MANAGER COMMENTS – None.
CONSENT CALENDAR
Colin Kirkpatrick, City Attorney, announced that Council Member Marker would recuse herself from Consent Calendar Item No. 6 due to a potential conflict of interest, as her company, Marker Broadcasting, did business with Eisenhower Health and Desert Publications Inc.
Isaiah Hagerman, City Manager, presented the following Consent Calendar Items:
1. Approve September 5, 2024, Regular Meeting Minutes.
2. Adopt Resolution No. 2024-54, Implementing the Coachella Valley Association of Government's (CVAG) Inflation Adjustment for the Transportation Unified Mitigation Fee (TUMF) Collected by the City of Rancho Mirage as Required by CVAG for Calendar Year 2025.
3. Adopt Resolution No. 2024-55, Adopting a Local Hazard Mitigation Plan (LHMP).
4. Reject All Bids Received Related to CP 21-371 RMCP (Amphitheater Venue Improvements).
5. Approve Contracts.
6. Approve Demands.
Public Comments
Brad Anderson, Rancho Mirage resident, spoke regarding item No. 4, expressing his appreciation for the City’s decision to reject the $9 million bid.
MOVED/SECONDED BY WEILL/MALLOTTO TO APPROVE CONSENT CALENDAR ITEM NOS. 1-5, AS PRESENTED. MOTION CARRIED 5/0.
MOVED/SECONDED BY WEILL/MALLOTTO TO APPROVE CONSENT CALENDER ITEM NO. 6, AS PRESENTED. MOTION CARRIED 4/0 (MARKER RECUSED).
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ACTION CALENDAR
7. Consider Adopting Resolution No. 2024-(Next-in-Order), Establishing Regulations Prohibiting the City from Entering into Contracts where a City Councilmember has a Conflict of Interest.
Isaiah Hagerman, City Manager, and Colin Kirkpatrick, City Attorney, presented the staff report.
Public Comments
Brad Anderson, Rancho Mirage resident, spoke in favor of the proposed resolution.
Council Member Marker expressed opposition to the proposed resolution, commenting that the concept was detrimental to the City. She provided an example involving a solar contract to illustrate how the resolution could have negative impacts. She explained that the Fair Political Practices Commission (FPPC) oversaw conflicts of interest and required Council Members to recuse themselves from potential conflicts. She voiced her opinion that the proposal would discourage successful business individuals from running for City Council and noted that no other Cities had implemented similar regulations. Following her statement, Council Member Marker announced her immediate resignation and left the Council Chambers.
Mayor Downs quoted a passage from a document issued by the FPPC in response to former Council Member Marker’s comments regarding her solar panel example.
Council Member Mallotto commented that the proposed ethical policy was longstanding and applied to every member of the City Council. She mentioned Government Code Section 1090, noting that it was standard practice among various municipalities and agencies. She emphasized the importance of public officials maintaining the highest ethical standards and public trust. In addition, she recited written material from the FFPC, highlighting that public trust was a fundamental asset for any public agency. Council Member Mallotto explained that the proposed resolution was modeled after Government Code Section 1090, placing a premium on ethical principles. She emphasized that public servants should treat ethical issues with the highest standards to safeguard public trust. She echoed comments made by Mr. Hagerman regarding scenarios pertaining to financial conflicts of interest.
She explained that the policy was designed to protect the City and hold council members accountable to their oath of office. She concluded by reminding the community that council members were public servants and that utilizing public office for personal gain was prohibited by law.
Council Member O’Keefe mentioned that he had a photo of his inauguration ceremony in his office and reaffirmed his commitment to upholding the interests of the City of Rancho Mirage above any private or personal concern. He expressed support for the resolution, noting that the policy would protect taxpayer funds by dispelling any doubts regarding the City’s financial management.
Mayor Pro Tem Weill commented that any indication of potential misconduct should be avoided, particularly considering the Council’s fiduciary duties. He emphasized the importance of maintaining a clear separation from impropriety and expressed his support for the policy to protect the City, City Council, and residents.
Isaiah Hagerman, City Manager, cited Government Code Section 1090 to emphasize that the solar business example provided by former Council Member Marker constituted a violation of the law. 1-4
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He clarified that the specific instance was irrelevant to the proposed resolution. Mr. Hagerman added that the primary goal of the proposed policy was to instill confidence among Rancho Mirage residents that elected officials prioritized the public good when making decisions and utilizing taxpayer funds, rather than seeking personal gain through business interests.
Mayor Downs instructed the City Clerk to add an agenda item to the upcoming City Council meeting agenda to address the vacant Council seat. He noted that the proposed policy would benefit businesses by ensuring their compliance with California law. He also shared that the FPPC had issued an opinion in early 2023 regarding a potential conflict of interest involving Ms. Marker’s broadcasting business. Mayor Downs followed the comment by reading an excerpt from the FPPC letter.
MOVED/SECONDED BY MALLOTTO/O’KEEFE TO ADOPT RESOLUTION NO. 2024-56,
ESTABLISHING REGULATIONS PROHIBITING THE CITY FROM ENTERING INTO CONTRACTS WHERE A CITY COUNCILMEMBER HAS A CONFLICT OF INTEREST. MOTION CARRIED 4/0.
8. Consider Current and Future Economic Development Efforts.
Isaiah Hagerman, City Manager, presented the staff report.
Public Comments
Wayne Avrashow, Rancho Mirage resident, commended Council Member Mallotto for her insightful remarks on the previous agenda item. He supported Mr. Hagerman’s recommendation to postpone action pending the regional economic study. He added that the City should concurrently plan for the creation of an Economic Development Management position to capitalize on the study’s findings.
Mark Curran, Rancho Mirage resident, expressed appreciation for the regional economic study and suggested conducting a more localized study to gain deeper insights into the community’s specific needs.
Mayor Pro Tem Weill shared he had extensive experience in real estate and believed Rancho Mirage was in a solid economic position. He noted that the Rancho Las Palmas shopping center currently boasts a 94% occupancy rate and the City’s ability to fill vacancies effectively. He expressed support for deferring action until the Visit Greater Palm Springs (VGPS) regional economic study was finalized.
Council Member O’Keefe expressed his support for the proposed recommendation.
Council Member Mallotto commented that the VGPS regional study would provide valuable insights into Rancho Mirage’s specific needs, making it prudent to delay action until its completion.
Mayor Downs acknowledged the importance of an economic development roadmap for the City, but recommended postponing its implementation due to timing issues and the need to first engage a consultant. He shared that he served on the VGPS Joint Powers Authority Executive Committee and reported that VGPS anticipated releasing the findings of their regional study in January. He added that the study aimed to identify the types of businesses and industries that the Coachella Valley could attract and would address specific economic development issues that individual cities may wish to tackle. Mayor Downs suggested that when hiring a consultant for future economic study, the City
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should adopt a comprehensive approach rather than limiting the scope to specific goals. He emphasized that the study should be broad-based, encompassing an analysis of the City’s strengths and weaknesses to identify suitable businesses. Lastly, he advocated for postponing a local economic development study until the completion of the VGPS regional study.
MOVED/SECONDED BY WEILL/MALLOTTO TO TAKE NO ACTION AT THIS TIME AND WAIT FOR THE VISIT GREATER PALM SPRINGS (VGPS) REGIONAL STUDY TO BE COMPLETED.
MOTION CARRIED 4/0.
9. Consider Implementing a Shop Local Community eGift Card Program with a $50,000 Bonus Incentive Budget and Related Agreements, Approved as to Form by the City Attorney.
Gabe Codding, Director of Marketing, presented the staff report.
Public Comments
Brad Anderson, Rancho Mirage resident, expressed concerns about the complexities of the proposed program. He suggested that the Rancho Mirage Chamber of Commerce administer the program instead. He also suggested that the City allocate the $50,000 directly to businesses, asserting that the program was not the most effective approach.
Katie Stice, CEO of the Rancho Mirage Chamber of Commerce, expressed support for the eGift Card Program, noting its alignment with the Chamber’s ongoing campaign, “Move Small Business Forward.” She shared the Chamber’s enthusiasm for the program and commended the City Council for their initiative.
Wayne Avrashow, Rancho Mirage resident, spoke in favor of the eGift card program, noting its potential to stimulate local economic activity by encouraging residents to shop at local businesses.
Mark Curran, Rancho Mirage resident, shared he worked in the retail industry for 30 years and expressed support for the proposed program.
Council Member Mallotto noted that the timing of the program was ideal as the holiday season approached.
Mayor Pro Tem Weill echoed Council Member Mallotto’s comment.
Council Member O’Keefe expressed support for the program and mentioned that he had over 25 years of experience working in retail.
Mayor Downs commended Ms. Stice for her support and thanked Mr. Codding for the presentation.
MOVED/SECONDED BY MALLOTTO/WEILL TO DIRECT THE CITY STAFF TO IMPLEMENT A SHOP LOCAL COMMUNITY EGIFT CARD PROGRAM WITH A $50,000 BONUS INCENTIVE BUDGET AND RELATED AGREEMENTS, APPROVED AS TO FORM BY THE CITY ATTORNEY.
MOTION CARRIED 4/0.
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CLOSED SESSION AGENDA
1. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d) (4). (One Potential Case)
2. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6(a)
Designated City Labor Negotiator: Isaiah Hagerman, City Manager Employee Organization: Rancho Mirage Employees Association
Colin Kirkpatrick, City Attorney, reported that the City Council would recess into closed session to confer with legal counsel regarding one potential initiation of litigation item and one labor negotiation 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 2:47 P.M.
RECONVENE OPEN SESSION
Mayor Downs reconvened the meeting at 3:06 P.M.
CLOSED SESSION ANNOUNCEMENTS
Colin Kirkpatrick, 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 3:07 P.M.
Date Approved by City Council:
____________________
Kristie Ramos, City Clerk
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